Townsend v. Smith
Supreme Court of Georgia
Petition for injunction. Before Judge Jones. Lumpkin superior court. May 11, 1915. W. B. Townsend brought his petition against H. B. Smith, ordinary, alleging, that the defendant was proceeding to expend public funds of the county, raised by taxation for the purposes provided by law, in aiding the State or the United States, or both, in putting into effect, in the county of Lumpkin, the law embodied in an act approved August 16, 1909, known as an act to protect the live…
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Petition for injunction. Before Judge Jones. Lumpkin superior court. May 11, 1915. W. B. Townsend brought his petition against H. B. Smith, ordinary, alleging, that the defendant was proceeding to expend public funds of the county, raised by taxation for the purposes provided by law, in aiding the State or the United States, or both, in putting into effect, in the county of Lumpkin, the law embodied in an act approved August 16, 1909, known as an act to protect the live stock of the State of Georgia from contagious or infectious diseases; that the ordinary purposes to expend the aggregate sum…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The acts of the ordinary are alleged to be void upon the sole ground that the law from which he derives the authority to expend the funds of the county to protect the cattle against infectious diseases is unconstitutional and void. In the brief of counsel the position is taken, that, under the allegations of the petition, whether the act of the' legislature is void because unconstitutional or not, the ordinary is not empowered by that act to expend the public funds of the county for the purpose contemplated, inasmuch as the act itself, so far as it…
2Cases cited1 opinion
- Cooney v. FooteSupreme Court of Georgia · 1914
3Cited by19 opinions
- Keenan v. PriceIdaho Supreme Court · 1948
- Graham v. JonesSupreme Court of Louisiana · 1941
- City Council of Augusta v. ClevelandSupreme Court of Georgia · 1919
- McLennan v. AldredgeSupreme Court of Georgia · 1968
- Carter v. BursonSupreme Court of Georgia · 1973
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