Summary
In Menken v. Atlanta, 78 Ga. 668 (4) (2 S.E. 559), it was held that "The local option legislation of this State being constitutional as a valid exercise of the police power, it follows that the incidental effects upon the value of property, such as a brewery and its fixtures, resulting from the inability of the owners to adjust their old business to the new law, is damnum absque injuria.
Summary of this case from Sanders v. MasonOpinion
No. 674.
Decided April 18, 1889.
The death of the accused in a criminal case brought here by writ of error abates the suit.
Mr. Hoke Smith for plaintiff in error.
Mr. S.W. Packard for defendant in error.
THE case is stated in the opinion.
The death of Fritz Menken, the plaintiff in error in the cause having been suggested by Mr. Pope Barrow, in behalf of Mr. Hoke Smith of counsel for the said plaintiff in error, and it appearing to the court that this is a criminal case, it is considered by the court that this cause has abated. Therefore, it is ordered and adjudged by the court that the writ of error in this cause be, and the same is hereby,
Dismissed.