Opinion · Supreme Court of Georgia
Southeastern Electric Co. v. City of Atlanta
179 Ga. 514
- Type
- Opinion
- Court
- Supreme Court of Georgia
- Jurisdiction
- Georgia
- Date
- 1932-09-19
- Topic
- bankruptcy
How later courts describe this case
- concluding that the same examination requirement for electrical contractors violated both due process and equal protection
- holding that electricians performing work on new structures were in the same class as electricians working on existing structures
- an ordinance regulating electrical contractors and requiring them to pass examinations depending on whether they performed their work in new buildings versus existing buildings was so arbitrary and so 16 standardless that it violated due process and equal protection
- same as to certain electricians
Citator
UpLaw has not yet analyzed Southeastern Electric Co. v. City of Atlanta. The absence of a flag is not a finding that it is good law.
- Cited by
- 14 opinions
1. The petitioner as an electrical contractor was so affected by the operation of the ordinance involved in this case, pertaining to the business of electrical contracting, as authorized it to attack the ordinance on the ground of unconstitutionality.
2. The ordinance is discriminatory and violative of art. 1, sec. 1, par. 2, and art. 1, see. 1, par. 3, of the constitution of 1877, and of the due-process and equal-protection clauses of the Federal constitution.
3. The ordinance being unconstitutional, the court erred in sustaining the demurrer to the petition which attacked the constitutionality of the ordinance.
4. The petition as amended was not demurrable on the ground of insufficient verification.
Judgment reversed.
All the Justices concur, except Gilbert, J., who dissents. John I. Kelley and James R. Venable, for plaintiff. J. L. Mayson, G. S. Winn, and J. G. Savage, for defendants.