Green v. Mayor c. of Milledgeville

Full title: GREEN v. MAYOR c. OF MILLEDGEVILLE

Court: Court of Appeals of Georgia

Date published: Nov 17, 1965

145 S.E.2d 720 (Ga. Ct. App. 1965)

145 S.E.2d 720

Opinion

41308.

DECIDED NOVEMBER 17, 1965.

Municipal sanitation fee. Baldwin Superior Court. Before Judge Carpenter.

Robert H. Herndon, Milton F. Gardner, for plaintiff in error.

G. L. Dickens, Jr., Frank W. Armstrong, III, contra.

JORDAN, Judge.

1. Under the ruling of the Supreme Court in Mayor c. of Milledgeville v. Green, 221 Ga. 498, reversing the judgment of this court in Green v. Mayor c. of Milledgeville, 112 Ga. App. 130 ( 144 S.E.2d 225), the ordinance under review in this action was not invalid as contended in the plaintiff's affidavit of illegality and the trial court did not err in sustaining the defendant city's demurrers to that portion of the plaintiff's pleadings in which the legality of the ordinance was questioned.

2. The trial court did not err in denying the plaintiff's amended motion for new trial.

Judgment affirmed. Felton, C. J., and Deen, J., concur.

DECIDED NOVEMBER 17, 1965.