161 Ga. 80 | Ga. | 1925
An affidavit of illegality was interposed to the levy of an execution issued by the City of LaGrange for the amount of an assessment against abutting real estate for paving a street. The judge tried the case by consent of both parties, without a jury, upon an agreed statement of facts. A judgment- was rendered against the illegality, and the defendant in execution excepted.
The first ground of the illegality raises the question of con
See also City of Cartersville v. McGinnis, 142 Ga. 71 (2) (82 S. E. 487, Ann. Cas. 1915D, 1067), which is cited in 25 R. C. L. 845, § 91, in support of the following text: “Acts incorporating specific municipal corporations, creating new charters, or authorizing a classification of municipal corporations, afford, perhaps, the best illustration of the infinite variety of topics which may be included within one general subject. These acts usually provide not merely for the formation of corporations, but also for their powers and the powers of the various officers thereof, as well as penalties for violating provisions of the charter or general law, and embrace practically as wide a range as the code or the revised or compiled statutes of a State. Nevertheless, there is no need for mentioning these several matters in the title, for the reason that they do not constitute different subjects, and their enactment might reasonably be apprehended by any one knowing that the legislature proposed to authorize or provide for the government of the particular corporation or class of corporations in question.” Applying the foregoing principles, it can not be said that the caption of the act was insufficient to authorize the provisions of section 42 of the act, or that the act under consideration was violative of the above-quoted provision of the constitution.
The rulings announced in the other headnotes do not require elaboration. Judgment affirmed.