The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1889-02-07
FULTON VS.. COBB.
A LAW SUIT ENTERED FOR 1901 .94.

pSr1OT NOufU, lOr InG sum OF SJU1.J4.
Fulton has built a bridge across
Chattahoochee river, just above the
Railroad bridge of the W. & A. r.
r. After beginning work the Com
missioners CT Fulton wanted Cobb
county to help pay for it. The
Grand Jury reported adversely and
Judge Hammett, Ordinary, refused
to authorize its construction as not
being necessary to Cobb. Fulton
went ahead and finished the bridge
and recently tried to get our new
Ordinary, J. N. Stone, to pay a
proportionate share. He declined
to do 80. In consequence of this,
suit has been entered for $901.94.
Gambler, Thomson and Gambler, at
torneys for Fulton, and Clay & Blair,
and Gober Il Alexander, attorneys
Tor Cobb.
The following is the petition of
suit:
GEORGIA, ! In the Superior
COBB COUNTY. Court of said Co.
The petition of Calvin W. Hunni-
cult, Marion G. Kiser, James D.
Collins, Henry L. Wilson, and Geo.
W. Adair, who sue as Commissioners
Of Roads ald Revenue in and for
the County Of Fulton, in the State
of Georgia, shows that the County
Of Cobb in said State, is indebted
to said county of Fulton in the sum
Of $901.94, besides interest from the
1st of April, 1888, as will more fully
appear from a bill of particulars
hereto attached, which has been
presented foI9payment, within twelve
months after it became due, to the
Ordinary of said county of Cobb,
and payment refused.
Whereupon petitioners bring suit
against John NJ. Stone, as Ordinary
of said county of Cobb, and show
that the Chattahoochee River d.
vides said counties of Fulton and
Cobb, and that it becoming neces-
sary to erect a bridge over said river
near Bolton, petitioners, in the
year, 1887, requested the said coun-
| ty Of Cobb to contribute its just
proportion Of the expenses of build
ing such bridge, to-wit: Its just
proportion of seventy-seven hun
dred dollars. That said county of
Cobb refused to undergo It's fair
proportion of such expenses. That
upon such refusal on the part of
said county of Cobb, petitioners
proceeded, as required by law, to
construct said bridge at a cost of
seventy-seven hundred dollars, and
com pleted and paid for same the
18th Of April, 1888, That the
taxable property Of said counties, as
shown by the tax digests in the Of
flee of the Comptroller General Of
said State is S35, 540,035 in Fulton,
and S4,716,338 in Cobb, and that
fair proportion of the expense Of
building said bridge, which should
be contributed by said county of
Cobb is 1901 "a, with interest from
the LIST Of April, 1888, and that for
said amount petitioners, within
twelve months from said LIST of
April, duly presented their claim
which was refused. And they now
bring suit and pray process may is
sue requiring the defendant to be
and appear at the next term of said
Court to answer petitioners com
plant.
The following Sections of the
Code Of 1882, are relied on as au-
thorizing the suit:
Section 67S.-When bridge or
ferry is necessary over any water
course which divides one county or
more counties from each other, each
county must contribute equally to-
ward the building and keeping the
same IN repair, or IN such proper
ton as would be Just, taking into
consideration the taxable property
Of each, and the amount expended
by each in construction Of bridges
and other passways.
Section 679.-lf any county re-
fuses tolundergo it's fair proportion
of such expenses, the other county
or counties may construct the work,
compel the other to contribute by
suit, and until such contribution
takes place, may have exclusive
control thereof and charge toll
thereon against all the citizens of
the refusing county.
Cobb will contend that she didn't
want the bridge, it was mo- neces-
sary to her prosperity, but it. was
necessary to Fulton to secure Cobb's
trade, and that she will have to foot
her own bills and build her own