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Municipal Annexation In Georgia: Nay-Sayers Beward (Plantation Pipe Line Co. V. City Of Bremen), R. Perry Sentell Jr.

Scholarly Works

In the Fall 1967 issue of the Georgia Law Review, there appeared a somewhat ambitious effort to survey the law of municipal annexation in Georgia. That rather stuffy treatment at least served to demonstrate the existence of a history on the subject dating from the beginning of time in this State. It also purported to make one or two daring thrusts at formulating principles then apparently settled and at identifying legal points around which further evolution might be anticipated.

Some apparently believed that these thrusts were more negative than daring and that they reflected an approach which was basically …

The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden

Scholarly Works

Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …

The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

What our city fathers do as legislators and how they do it impinges upon the daily lives of most of us. Those involved in the production of municipal law and those affected by it will find this study of legislative procedure at the local level of great interest and help. Here is a solid piece of research which will stand for a long time to come.

Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.

Scholarly Works

Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …

Local Government And Contracts That Bind, R. Perry Sentell Jr.

Scholarly Works

To paraphrase a modern slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. TO be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding this result. To be told that he is legally presumed to know this must confirm his suspicions. But the principle is a well-established one, existing in most jurisdictions from early times. …

Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell Jr.

Scholarly Works

Earlier in the pages of this Review the judicial application of the "one-man-one-vote" standard to local government is discussed in detail. As noted, the United States Supreme Court did not completely evolve this standard for state legislatures until June, 1964. Since that time, the state courts and the lower federal courts have been inundated with litigation raising the question of the basic applicability of the standard to local governments in this country, as well as a host of accompanying inquiries. This litigation and the courts' reactions to it were extensively traced. At the close of its term, however, the Court …

The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell Jr.

Scholarly Works

The time has come to think seriously and in detail about municipal annexation. The effort here, then, represents a return to basics. The justification for it rests on the point that Georgia does indeed possess a rich history in annexation law. What of this history? How has it dictated the law's development? What are the methods of annexation presently available to municipalities in Georgia? Upon what authority are these methods bottomed, and what are the possible limitation upon their effectiveness? Is the point at which the law has now arrived the culmination of evolving a deliberate concept or simply the …

Reapportionment And Local Government, R. Perry Sentell Jr.

Scholarly Works

On June 15, 1964, the Supreme Court of the United States, in the context of its decisions in Reynolds v. Sims and companion cases, put the finishing touches upon its evolving principle that state legislatures must be apportioned on an equal population basis; i.e., the "one-man-one-vote" standard. This principle drew its commandment, held the Court, from the equal protection provision of the fourteenth amendment to the United States Constitution. On May 22, 1967, the Supreme Court of the United States rendered decisions in three cases which had confronted it for the first time with questions on the relationship of the …

Gober's Georgia Form Book And Procedure, A Collection Of Legal Forms With Annotations From The Reports Of The Supreme Court And The Court Of Appeals Of Georgia On Questions Relating To Forms And Procedure; Prepared For The Use Of The Judiciary, The Bar, The Officers Of Court, And Business Me, George Fletcher Gober

Historical Treatises

Excerpt from the preface:

The work of preparing this volume has developed out of all proportion to what I anticipated in the outset. The great trouble under our system is that there are so many things that are not fixed and determined. Our system of pleading provides that a party must plainly, fully and distinctly set forth his cause of action, and this leaves the form to be passed upon under the discretion of about one hundred trial judges in the City and Superior Courts, and this discretion, in many instances, is controlled by individual and particular ideas. For this …

A Manual On Land Registration, Arthur Gray Powell

Historical Treatises

Excerpt from the preface:

I decided that my labors would prove most useful if I attempted to write a practical, rather than a learned treatise on the subject. While the subject is one that might bear much fruit under learned treatment, still what the present moment most demands is a practical handbook which will inform the profession and the officers who are to administer the law what to do and how to do it, when a landowner comes seeking to register his land.

There has been no effort at style, except that I have striven to state matters in a …

The Law Of Personal Injuries And Incidentally Damage To Property By Railway-Trains, Based On The Statutes And Decisions Of The Supreme Court Of The State Of Georgia, John L. Hopkins

Historical Treatises

From the front matter:

Testimonials From the Chief Justice and Associate Justices of the Supreme Court of Georgia

Atlanta, May 22, 1902.

We have given the book prepared by Hon. John L. Hopkins, entitled "The Law of Personal Injuries," etc., a sufficient examination to enable us to say, without hesitation, that it is a work of great merit and utility. It will surely save the hard-worked judge and busy lawyer much time and labor by making the decisions of this court, bearing on the subjects treated, readily accessible in available form. The distinguished author's wel1 - executed plan of grouping …

The Georgia Form Book, Or, A Collection Of Legal Forms Under Georgia Law : Designed To Aid Attorneys-At-Law, Judges, Ordinaries, Clerks, Coroners, Sheriffs, Justices Of The Peace, Constables, Road Commissioners, Etc, Etc., As Well As Business Men In General, Silman & Thompson

Historical Treatises

Excerpt from the preface:

Testimonials.

Atlanta, Ga., September 26th, 1881.

Under special employment for the purpose, by Messrs. Silman & Thompson, I have carefully examined the collection of legal forms which they have prepared. As a result of the examination, I can and do recommend these Forms, each and all, as safe and sufficient. They are calculated to serve the wants, not only of attorneys at law, Ordinaries, County Commissioners, Clerks, Sheriffs, Coroners, Justices of the Peace, and others engaged in administering the law or executing its process, but, also, in some degree, of business men in general, such as …

A Treatise On The Law Of Executors, Administrators, And Guardians, William M. Reese

Historical Treatises

From the preface:

On account of the many changes made in the Laws of Georgia relating to Executors, Administrators and Guardians, and on account of the codification of the same, I have, upon the request of many valued friends, prepared this work. It might be styled a third edition of the Manual for Ordinaries, Executors, Administrators and Guardians, in the State of Georgia; yet, as this work is of more than a local application, I have changed the title of it, following the example of Redfield, Smith, North, and others. In the citation of Sections of Code, I have followed …

Legal Forms For Common Use In Georgia : Embracing Over Four Hundred Approved Precedents, For Affidavits, Agreements, Bills Of Sale, Deeds, Notes, Etc., Etc., Also, Forms In Judicial Proceedings, Arbitrations, Attachments, Orders, Process, Pleading, Probate Of Deeds, Rules, Wills, Etc., Etc., With Others To Guide Attorneys, Magistrates, Justices Of The Inferior Court, Constables, Sheriffs, Ordinaries, Clerks, Etc., Etc., In The Many Duties Required Of Them By Law : To Which Is Added An Appendix Containing The Statutory Provisions As To County Officers, Magistrates, And Elections, The Rules Of Court, And The Constitution Of Georgia, John B. Hines, Richard K. Hines

Historical Treatises

Excerpt from the preface:

The object of the present volume is to furnish the legal profession, magistrates, county officers, and private citizens of this State, with a plain, accurate, and complete Form Book, which shall be cheap in price, and convenient in size, and so arranged that any one, however ignorant of such formulas, can use it when the occasion presents itself. Added to the forms, in the body of the work, are such directions and suggestions as it was supposed would be useful. In the Appendix are the statutory enactments of our State in regard to county .officers, magistrates, …

A Compilation Of Legal Forms In Use In The State Of Georgia, The Rules Of Practice, And State Papers, Howell Cobb

Historical Treatises

From the front matter:

I have examined your Compilation of Legal Forms, with as much attention as one perusal would allow. The forms and precedents are well selected, and such as are of most frequent use in business transactions, and a portion of them such as, I believe, cannot be found in any other compilation. Such portions of the work as must depend, for their correctness, upon the care of - the publisher, I have not thought it necessary to examine, as they are., already before .the public, but in detached and separate books, and embraced in your work for …

The Georgia Justice: Being A Convenient Directory For The Justices Of The Peace, And Various Other Civil Officers Known To The Laws Of The State Of Georgia, Rhodom A. Greene, John W. Lumpkin

Historical Treatises

From the front matter:

Be it remembered, That on the twenty-fifth day of May, in the fifty-ninth year of the independence ©f the United States of America, A. D. 1835, Rhodom A. Greene and John W. Lumpkin, of said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit:—

“The GEORGIA JUSTICE : being a convenient Directory for the Justices of the Peace, and various other civil officers known to the Laws of the State of Georgia. Containing a Digest of the Statutes relating to the …

The Office And Duty Of A Justice Of The Peace: And A Guide To Clerks, Constables, Coroners, Executors, Administrators, Guardians, Sheriffs, Tax Collectors, And Receivers, And Other Civil Officers, Augustin S. Clayton

Historical Treatises

From the front matter:

BE IT REMEMBERED, That on the twenty-eighth day of September,in the forty•fourth year of the independence of the United States of America, A. ll.1819, Mathew Carey and Son, of the said district, have deposited in this office the title of a book, the right whereof they claim a, proprietors, in the words following, to wit:

The office and duty of a Justice of the Peace, and a guide to Clerks, Constables, Coroners, Executors, Administrators, Guardians, Sheriffs, Tax-collectors, and Receivers, and other civil officers, ac­cording to the laws of the State of Georgia; with an Appendix, containing …