Legal Opinion · Dissent

Maddox v. Anchor Duck Mills

Supreme Court of Georgia

Decided January 19, 1929No. 6522Published

1DissentGilbert, J.

It seems to be the established general rule that where a debt against a county has been reduced to judgment and the judgment creditor has no other means of enforcing payment, mandamus is the appropriate remedy to compel the proper officers to levy a tax for that purpose, provided, of course, that the county has the power to levy a tax for the payment of such judgment. 18 B. C. L. 281. On the contrary it seems to be the rule that a simple contract debt can not be made the basis of an application for mandamus to compel the levy of a tax by the county for its payment while it retains its form as…

2Cases cited4 opinions

  1. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  2. Brunson v. CaskieSupreme Court of Georgia · 1907
  3. Cabaniss v. HillSupreme Court of Georgia · 1885
  4. Meyer & Co. v. JordanSupreme Court of Georgia · 1905

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