Felker v. City of Monroe
Court of Appeals of Georgia
Affidavit of' illegality of execution; from Walton superior court— Judge Cobb. July 16, 1917. The plaintiff in error filed separate affidavits of illegality to the proceeding of two tax fi. fas. issued against him by the City of Monroe. By consent of counsel the cases were consolidated and submitted to the presiding judge, under an agreed statement of facts.
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Affidavit of' illegality of execution; from Walton superior court— Judge Cobb. July 16, 1917. The plaintiff in error filed separate affidavits of illegality to the proceeding of two tax fi. fas. issued against him by the City of Monroe. By consent of counsel the cases were consolidated and submitted to the presiding judge, under an agreed statement of facts. The affidavits are specified by the bill of exceptions as material portions of the record, and the grounds of illegality as contained therein are in each case stated as follows: “1. Because the said execution is'null and void for the…
1Opinion of the CourtJenkins, J.
(After stating'the foregoing facts.) It is provided by section 862 of the Political Code (1910), that- “The mayor and council of each town or city are authorized, at their *304option, to elect three freeholders, residing in the town or city, as assessors, who shall value and assess all the property within said town or city liable for taxation.” It will be seen by the statement contained in the order passed by the learned judge who tried the case that it was not his opinion that the selection made by the council of one of their own members for a place upon .the board of assessors was a lawful one.…
2Cases cited7 opinions
- Hardy v. Mayor of GainesvilleSupreme Court of Georgia · 1904
- Meglemery v. WeissingerCourt of Appeals of Kentucky · 1910
- Smith v. BohlerSupreme Court of Georgia · 1884
- Hawkins v. IntendantSupreme Court of Georgia · 1879
- Parrish v. Town of AdelSupreme Court of Georgia · 1915
2 more not listed; retrieve them via the Exa API.
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- Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992
- Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992