27 S.E.2d 347 | Ga. Ct. App. | 1943
The petition brought by fifty-one private citizens, to abate a public nuisance under the Code, § 72-201, was fatally defective, and subject to the demurrer, because it failed to allege any special damage to the petitioners.
The defendants demurred to the petition; the demurrer was overruled, and that judgment was assigned as error in the petition for certiorari. Error was assigned also on the judgment in favor of the petitioners. In the bill of exceptions error is assigned on the order overruling certain exceptions to the answer of the magistrates, and on the judgment overruling the certiorari.
The petition was drawn under the Code, § 72-201, which reads: "Any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the people may be abated and suppressed by the order of any two or more justices of the peace of the county, founded upon the verdict of 12 freeholders of the same county, who shall be summoned, sworn and impaneled for that purpose; which order shall be directed to and served by the sheriff of the county or his deputy." In Savannah, Florida Western Ry. Co. v. Gill,
Judgment reversed. MacIntyre and Gardner, JJ., concur.