Cairo Banking Co. v. Ponder
Supreme Court of Georgia
Petition for injunction. Before Judge Spence. Grady superior court. June 8, 1908. The Cairo Banking Company filed its equitable petition to enjoin the tax-collector and sheriff of Grady county from proceeding to collect a tax execution issued against it for a local district school tax. The county of Grady was divided into school •districts, and a local election was held in the Cairo district, which resulted in favor of taxation for school purposes.
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Petition for injunction. Before Judge Spence. Grady superior court. June 8, 1908. The Cairo Banking Company filed its equitable petition to enjoin the tax-collector and sheriff of Grady county from proceeding to collect a tax execution issued against it for a local district school tax. The county of Grady was divided into school •districts, and a local election was held in the Cairo district, which resulted in favor of taxation for school purposes. The election was held on June 18, 1907, and the result was declared on the following day. It was alleged that the election so held was void, for…
1Opinion of the CourtAtkinson, J.
1. The first point of contention relates to a construction to be placed on certain' parts of the act approved August 21, 1906 (Acts 1906, p. 61). On page 69 it is said “that whenever the citizens of any school district in a county now levying a local tax for educational purposes wish to supplement the funds received from the State public school fund by levying a tax for educational purposes,” they may present a petition and have an election called for that purpose. The court construed the word “now” as it appears in the excerpt above quoted to be a clerical error, used where the word “not”…
2Cases cited4 opinions
- Gilbert v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1898
- Lamar v. AllenSupreme Court of Georgia · 1899
- Edalgo v. Southern Railway Co.Supreme Court of Georgia · 1907
- Brown v. Southern Railway Co.Supreme Court of Georgia · 1906
3Cited by7 opinions
- City of Jesup v. BennettSupreme Court of Georgia · 1970
- Carroll v. RagsdaleSupreme Court of Georgia · 1941
- Lamons v. YarbroughSupreme Court of Georgia · 1949
- Howard v. City of AtlantaSupreme Court of Georgia · 1940
- Taylor v. ReidSupreme Court of Georgia · 1915
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