Roberts v. Murphy

J. S. Roberts and others, taxpayers, sought to enjoin the enforcement of certain tax fi. fas. against them, alleged to have been issued by authority of an election held in the Elm school district of Colquitt county. The election was alleged to have been held by virtue of an order passed by the ordinary under the act of 1906 (Civil Code of 1910, § 1535), which provides that an ordinary may call an election for submitting to the voters of any school district the power to levy a tax for educational purposes to supplement the State public-school fund; “provided, that notice of the same shall be…