81 Ga. 76 | Ga. | 1888
This was an action for damages sustained in consequence of the falling of an awning which extended over a sidewalk in the city of Gainesville. The action was against the Mayor and Council of the City of Gaines-ville, and the declaration was demurred to because no action would lie against the corporation in that name. It is contended that the action should have been against the City of Gainesville; and the question turns upon the act embracing the .charter of the city of Gainesville as now existing, approved February 28th, 1877, (acts 1877, p. 163.) The second section'of that act is in these words: “ That said city is hereby incorporated under the name and style of the City of Gainesville. The corporate limits thereof shall extend one mile in every direction, from the center of the court-house, as it is now situated.” The third section of the act is in these words: “That the municipal government of said city shall be vested in a mayor and two aldermen from each ward of the city, as said wards now exist or may hereafter exist, who shall be styled the Mayor and Council of the City of Gainesville; and by that name are hereby made a body corporate. As such they shall have perpetual succession; shall have a common seal; may contract and be contracted with; may purchase or otherwise receive, hold, possess, sell and convey, for the use of said city, real or personal estate of any kind; and may sue or be sued.”
Judgment affirmed.