147 Ga. 626 | Ga. | 1918
A petition was filed by certain citizens and taxpayers of Houston county, to restrain the commissioners of roads and revenues of that county from passing upon and approving or disapproving a recommendation of the grand jury “sanctioning” a change of the county line, under the act of 1881 (Acts 1880-81, p. 52; Civil Code (1910), §§ 468-471, inclusive). ■ Certain citizens and landowners residing in the southwestern portion of the county filed a petition with the ordinaries of Houston and Macon noun- . ties, for a change of the county line; and the grand juries of said counties, by the requisite two-thirds vote, sanctioned the petiti'on. The change of the county line sought to be made would result in transferring from Houston to Macon county approximately .200 lots of land, containing about 40,000 acres, from which. Houston county derived revenue to the amount of approximately $9,000 annually. ’ The action of the Houston county grand jury was duly certified by the clerk of the superior court, and was presented to the commissioners for approval or disapproval. Before the commissioners had passed upon the recommendation, this petition was filed. The judge of the superior court denied the injunction.
The evidence in support of the grounds upon which the court was asked to grant the injunction was in conflict, except as hereinafter noticed. On the controverted issues of fact, the case is within the general rule that the discretion of the judge of the superior court in granting or refusing interlocutory injunctions on controverted issues of fact will not be disturbed, unless there has been a manifest abuse of the discretion. The rule applies .with peculiar force in a case where a court of equity is asked to enjoin
It is earnestly insisted that the transfer of a large area of land
Is the act of 1881, supra, unconstitutional because it seeks to repeal the act approved October 14, 1879, by a mere reference to the title of that act? The caption of the present law is “An act to provide for carrying into effect paragraph 3 of section 1, article 11 of the constitution of this State, and. to repeal an act entitled an act to carry into effect paragraph 3, section 1 of article 11 of the constitution of this State, approved October 14, 1879.” The constitutional inhibition against the repeal of an act or code section by mere reference to the title is limited to the manner of express repeal, and has no application to repeal by necessary implication. Nolan v. Central Georgia Power Co., 134 Ga. 201 (3), 207 (67 S. E. 656). The present act was incorporated in both the Code of 1895 and the Code of 1910. Whatever defect may have existed in the'act as originally passed, in respect to the objection here urged, was cured by the incorporation of the provisions of the act into the Codes of 1895 and 1910 and the adoption of those codes by the General Assembly. Parles v. State, 110 Ga. 760 (36 S. E. 73); Daniel v. State, 114 Ga. 533 (40 S. E. 805). It is not conceded that the act in question required the aid of the adopting acts. Welborne v. State, 114 Ga. 793 (7), 821 (40 S. E. 857), and cases cited in the opinion. That the legislature, prior to the adoption of the constitution of 1877, had the absolute power to change existing county lines, is not doubted. That the legislature, under the constitution of 1877, may by general law delegate this power, can not be questioned. From what we hav.e said it follows
Judgment affirmed.