Vandiviere v. Anderson

Head, Justice. By amendment to the charter of the Town of Mineral Bluff, approved December 12, 1901 (Ga. L. 1901, p. 550), it is provided in sec. 5: “Be it further enacted, that the mayor and councilmen of the Town- of Mineral Bluff are hereby authorized and empowered to lay out and establish streets whenever it becomes necessary for the best interest and welfare of said town, or any of its citizens, and to change, alter, transfer and convey, straighten, or improve streets, or any part or parts thereof, whenever it becomes necessary, or to the best interest of said town, or any of its citizens.” The plaintiff did not attack the above provision of the charter of the Town of Mineral Bluff as being unconstitutional, nor are any facts alleged to show that the closing of that part of the street described is contrary to the “best interest of said town.” The resolution adopted by the mayor and council, and the deed executed pursuant thereto, were authorized by. the charter amendment, and the trial court did not err in sustaining that ground of demurrer based on the charter amendment cited. See Kirtland v. Macon, 66 Ga. 388; Dannenberg v. Macon, 114 Ga. 174 (39 S. E. 880) ; Marietta Chair Co. v. Henderson, 121 Ga. 399 (49 S. E. 312, 104 Am. St. R. 156, 2 Ann. Cas. 83) ; Patton v. Rome, 124 Ga. 525 (52 S. E. 742) ; Jones v. Decatur, 189 Ga. 732 (7 S. E. 2d, 730). Judgment affirmed. All the Justices concur. *143 Wood & Tallant, for plaintiff. William Butt, for defendant.