The Marietta journal and courier., 1918-01-18
civ Does Not Owe $4,000
Says The Supreme Court
The Claims of The Kennesaw Paper Company and
E. P. Dobbs Against the City Water Board
.r,e Are Held to Be Not Valid.

We print below the opinion in
full rendered by the Supreme Court
!, the case of B. G. Brumby versus
the Kennesaw Paper Co., Miller Trus-
tee. and E. P. Dobbs.
This litigation was started in the
latter part of 1916.
Judge Morris was one of the at
tornevs for Mr.. Brumby, and was
disoualified for trying the case when
It was brought up for hearing in
March of last year.
Judge Searcy, of Griffin, presid-
ed at the hearing and sustained a
General demurrer to the petition,
dismissing same.
His decision was carried to the
Supreme Court and reversed by them.
This ends the litigation and the
Board of Lights and Waterworks will
be relieved of paying the notes for
s15,OOO.OO together with about $2,-
100000 accumulated interest.
The old Board that made this deal
was composed of E. P. Dobbs, 7. A.
Granting, L. B. Robson and DR.. S.
D. Rambo. The new board, headed
by Mayor Brumby, T. L. Wallace,
Ralph Northcutt and others, opposed
it.
Mozlev & Gam. Anderson & Rob-
erts, and J. 2. Foster represented Mr.
Brumby, while D. W. Blair, E. H.
Clay, Campbell Wallace, Fred Nor
ris and Anderson & Rountree, rep
resented the defendants.
Case No. 365.
SUPREME COURT OF GEORGIA.
Brumby VS.. Board of Lights and Wa
terWorks, ct al.
By the Court.
1. Taxpayers of city have such
an interest in the money raised by
taxation for municipal purposes as
that they may enjoin the creation or
payment of illegal debts by the muni-
cipality.
2. Where an act of the General
Assembly (Acts 1906, p. 846) au-
thorizes the Board of Lights and
Waterworks for the City Of Marietta
to take the proceeds of any bonds
sold for the purpose of creating a
system of waterworks and build and
erect such waterworks for the best
advantage of the city, and to this
end, if they think best and proper,
can purchase and acquire any pro
perty now owned and operated by
any other company, and to make
all contracts for the lights and water
supply for the city of Marietta, this
does not authorize such board, after
it has built and equipped an electric
light and waterworks plant, to pay
fifteen thousand dollars to compet-
ing plant to "quit operating it cleo
trlc light plant in the city," where
under the contract the board obtain
ed nothing in the way of plant, poles,
WIRE, or other property of any kind
from the selling company, and where
the consideration was not money aris-
ing from authorized sale of bonds,
put by paying of the purchase price
With unauthorized borrowed money
and creating a new debt for the re-
mander, payable in notes due be-
yond the year in which they were
executed. Such contract is illegal,
and the payment of such ntoes can
oe enJolned at the instance of tax
payer of the municipality.
(a) The ruling above made makes
II unnecessary to decide whether the
contract would have been legal had
'he consideration thereof been OBJ
famed from the sale of the bonds
authorized by the act.
.. Where one is asserting a right
against several persons in which is
common connection equity will de-
'ermIne the whole matter in one ac-
ton.
HlH, j. (After stating the forego-
ing facts).
The third ground of the demurrer
=! William Miller, trustee, etc, one
VI the defendants, raises the ques-
"on to whether the plaintiff has any
9uch interest in the subject-matter
" TINS suit as entities him to bring
siiS action, or to any of the relief
prayed. The petition alleges that the
palntltf, B. G. Brumby, (the name
u the other plaintiff, E. L. Robert
ooa, having been stricken from the
g,s'luon) is citizen and taxpayer of
.ns city OF Marietta, and the forego-
statement of facts sets out in
''@I the grounds for the relief