Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1910-01-21
CITY ATTORNEYS
REPORT FOR 1909
Resume OF Work Done
During Past Year
Gives Present Legal
Status of Lighting
Contract.

To the Mayor and City Council Of
Americus:
When l was elected to the office Cf
City Attorney there was a case pend
ingg in the city court of Americus in
favor of the city against C. w. Murray
and his bondsmen. / was disqualified
in this case on account of having rep
resented the defendent, and Judge R.
l.. Maynard was retained. to represent
the city. The case was finally won
by the city and money collected, rs
reported by Judge Maynard.
There were also pending in the city
court of Americus the cases of w. NJ.
Jones against the city and Mrs. Mary
A. Cotney against the city, both be-
ing complaints for damages on account
of grading Church street. Both of
these cases have been continued and
are still pending.
The case of the city against G. V.
Byne, brought in the city court of
Albany by Judge r. L. Maynard, was
also won, and money paid into the
treasury.
In accordance with instructions
from your body, suit was flied to the
May term, 1909, of Sumter superior
court to annul and set aside the con-
tract known as the "Dodson contract"
This case was tried at the November
term, 1909, of Sumter superior court
and verdict obtained in behalf of
the city. The defendants filed a mo-
tion for new trial, and this was re-
fused by Judge Littlejohn on January
10th, 1910. 1t was generally under
stood that the defendants would carry
the case to the supreme court, but
they have not yet filed a bill of excep-
tions, but have thirty days from Janu-
ary 10th in which to do So
r. S. Broadhurst, ct al, filed to the
November term, 1909, of Sumter su-
perior court, bill against the mayor
and city council of Americus to re-
strain it from making a contract to
erect an electric lighting plant. This
case is still pending and the trial term
will be May term, 1910.
On August 31st, 1909, Mrs. w. X.
Bell filed suit against the city in
the city court of Americus for $500
damages for an alleged encroachment
on her lot on Forrest street. Demur-
rer and answer were filed at the Sep
tember term, 1909, and the case is
now pending.
On August 31st, 1909, J. M. McEl-
hemmy filed to the September term,
1909, Of the city court of Americus, a
complaint against the city for $1,000
damages alleged to have been sus-
tanned on account of falling into a |
hole on Lamar street. Demurrer and
answer were filed in this case and it
is now pending.
On the 18th day of December, 1909,
filed suit to the January term, 1910,
of the city court of Albany in favor
OF the city against Mrs. G. " Byne to
recover amounts paid by the city to
parties who had recovered judgments
against the city on account of iniu-
ries received in the falling of a shed
in front of what is known as the
rear Byne building, on Lee street, in
the city of Americus. This suit is now
pending.
There have been two cases to so
from the mayors court to the superior
court by certiorari. The first case was
E. f. Bray, and the other H. f. Jack
son. Each of these parties were
charged with violating license ordi-
nance, and were discharged on the
hearing of the certiorari Respect
fully submitted.
J. E. SHEPPARD