Yow v. Sullivan
Supreme Court of Georgia
Petition for • injunction. Before Judge Brand. Franklin superior court. March 21, 1907. Yow and others, including the Southern Railway Company, filed a petition against the tax-collector and the sheriff of Franklin county, alleging, that all of the plaintiffs, except the railway company, were residents in that portion of Stephens county which was formerly Franklin county, and the company is a foreign corporation with a line of railway running through those two counties, nine…
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Petition for • injunction. Before Judge Brand. Franklin superior court. March 21, 1907. Yow and others, including the Southern Railway Company, filed a petition against the tax-collector and the sheriff of Franklin county, alleging, that all of the plaintiffs, except the railway company, were residents in that portion of Stephens county which was formerly Franklin county, and the company is a foreign corporation with a line of railway running through those two counties, nine miles of its line being in that portion of Stephens county above referred to; that on August 18, 1905, an act was…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The original tax levy of September 9, 1905, was before this court in the case of Sullivan v. Yow, 125 Ga. 326. It was then held that the collection of the tax under such levy was properly enjoined, for the reason that the order levying the tax did not comply with the provisions of the law requiring that the levy should specify the per cent, levied for each specific purpose. It was said: “The order of the ordinary levying the tax not conforming to the plain requirements of the law, all proceedings under the tax levy in its present shape were properly enjoined. . .…
2Cases cited4 opinions
- Gaines v. DyerSupreme Court of Georgia · 1907
- Sullivan v. YowSupreme Court of Georgia · 1906
- Georgia Railroad & Banking Co. v. HutchinsonSupreme Court of Georgia · 1906
- Pope v. MatthewsSupreme Court of Georgia · 1906
3Cited by8 opinions
- McGregor v. HoganSupreme Court of Georgia · 1922
- Wright v. Southern Railway Co.Supreme Court of Georgia · 1912
- Alabama Great Southern Railroad v. WrightCourt of Appeals of Georgia · 1925
- Wright v. Southern Railway Co.Court of Appeals of Georgia · 1922
- Bang v. WilliamsSupreme Court of Georgia · 1955
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