136 Ga. 118 | Ga. | 1911
E. L. Cooney filed his petition against the City of Atlanta and its marshal, wherein he sought to enjoin the city from further proceeding with a levy of a fi. fa. for street improvements. The petition set up, that he was the owner of certain property fronting on Marietta street in said city; that the city had contracted for the paving of this street with Thornton & Mason, under a contract and certain city ordinances, both of which latter were set out in the petition; that the plaintiff is informed that the paving, was completed about May 29, 1910; that after May 28 the plaintiff received from -the city what purported to be a notice, dated May 24, of the amount of his assessment, giving him thirty days within which to avail himself of the option of paying one fourth cash and the remainder in three equal annual installments; that on June 27, and within thirty days after the plaintiff actually received at his office the above notice, he mailed to the street-improvement collector his check for one fourth cash payment and offered to make, his notes for the other three installments; that his check was returned and the city refused to accept same, claiming that he had waited more than thirty days from the date of the city’s notice to him, thereby losing his option of one fourth cash and annual installments for the balance; that the city had issued and levied a fi. fa. upon his property and was proceeding to advertise the same for sale; that C. E. Adams, deputy clerk of council, had no authority to issue and sign the fi. fa. so levied;
Judgment affirmed.