Callaway v. Mayor of Milledgeville
Supreme Court of Georgia
Municipal corporation. License. Before Judge Robinson. Baldwin Superior Court. August Term, 1872. The above cases, involving the same questions; were argued and decided together.
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Municipal corporation. License. Before Judge Robinson. Baldwin Superior Court. August Term, 1872. The above cases, involving the same questions; were argued and decided together. They were heard upon the following agreed statement of facts: “The plaintiffs, Leonidas N. Callaway and Toll & Doerflinger, being liquor dealers within the corporate limits of the City oí Milledgeville, were, by an ordinance of the City Council, required to take out licenses during the years 1866, 1867, 1868 and 1869, to retail spirituous liquors in said city, and for said license for the year 1866, Callaway paid to…
1Opinion of the Court
Trippe,. Judge.
If an injunction will be granted against a municipal corporation to restrain the collection of an illegal tax, will not an action lie to recover that tax if it be paid; can a reasonable reply in the negative be made ? Is not an affirmative answer almost a necessary legal corollary? If a party can enjoin the doing of an act *230because it is wrongful, can he not recover damages when that act is done, especially if he suffer damage from it. In 42 Georgia, 235, it was decided that the City Council of Milledgevijle had no authority to collect a license fee for the sale of liquors…
2Cited by5 opinions
- Weaver v. CarterSupreme Court of Georgia · 1897
- First National Bank v. Mayor of AmericusSupreme Court of Georgia · 1881
- Commissioners v. NorrisSupreme Court of Georgia · 1879
- McGehee & Hatcher v. Mayor of ColumbusSupreme Court of Georgia · 1882
- Tatum v. Town of TrentonSupreme Court of Georgia · 1890