159 Ga. 241 | Ga. | 1924
Mrs. J. B. Spears filed a petition praying tliat the Mayor and Council of the City of Madison and the marshal of said city be enjoined from enforcing an execution issued by said municipality against
1. Until the municipality has adopted a valid and binding ordinance for the purpose, as required by the charter,'the act of 1919 does not afford authority to the city to assess the cost of paving against the abutting-property owner, as it sought to do in this case.
2. The verdict for the plaintiff was demanded, and the court did not err in so directing.
3. The court did not err in overruling the motion for a new trial.
Judgment affirmed.