Dennington v. Mayor of Roberta
Supreme Court of Georgia
Petition for mandamus. "Before Judge Felton. Crawford superior court. November 29, 1907. • This is an application by J. W. Dennington against the mayor and council of the town of Roberta, for the writ of mandamus, to ■compel the levy and collection of a tax to discharge an amount alleged 'to be due for services rendered under a contract with the school commissioners of that municipality.
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Petition for mandamus. "Before Judge Felton. Crawford superior court. November 29, 1907. • This is an application by J. W. Dennington against the mayor and council of the town of Roberta, for the writ of mandamus, to ■compel the levy and collection of a tax to discharge an amount alleged 'to be due for services rendered under a contract with the school commissioners of that municipality. In his petition for the writ he alleges: “that the town of Roberta, in said county,' is incorporated under the laws of Georgia; with corporate powers of said town vested in a mayor and councilmen with power…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. The primary question to be settled is the right of the town of Eoberta to levy a tax, under the conditions appearing from the petition, after the repeal of the law which authorized the levy and collection of the tax. The general rule is that a statute, from the time when it is repealed, can no longer be acted on. The repeal of a tax law, without saving words, ordinarily puts an end to all right to levy taxes thereunder, but the repeal can not affect rights which have become vested under the repealed law. 1 Cooley on Taxation, 500. The act approved August 21, 1905,…
2Cases cited11 opinions
- Tuck v. Moss Manufacturing Co.Supreme Court of Georgia · 1907
- Matthews v. PoythressSupreme Court of Georgia · 1848
- Napier v. PoeSupreme Court of Georgia · 1852
- Manor v. McCallSupreme Court of Georgia · 1848
- Stoner v. PickettSupreme Court of Georgia · 1902
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3Cited by18 opinions
- Chepstow Limited v. Marshall B. HuntCourt of Appeals for the Eleventh Circuit · 2004
- Bank of Norman Park v. Colquitt CountySupreme Court of Georgia · 1929
- Whittle v. JonesSupreme Court of Georgia · 1944
- Spengler v. Employers Commercial Union InsuranceCourt of Appeals of Georgia · 1974
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
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