Fincher v. Collum
Court of Appeals of Georgia
Habeas corpus, from city court of Dalton — Judge Longley. August 23, 1907. Collum was convicted in the police court of Dalton for keeping a dog in violation of the “dog ordinance” of that city. He took habeas corpus against the marshal of the city, and was released on the ground that the ordinance is void; and the city brings error.
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Habeas corpus, from city court of Dalton — Judge Longley. August 23, 1907. Collum was convicted in the police court of Dalton for keeping a dog in violation of the “dog ordinance” of that city. He took habeas corpus against the marshal of the city, and was released on the ground that the ordinance is void; and the city brings error. The ordinance (omitting immaterial parts) is as follows: “It shall be unlawful to keep, maintain, or allow kept on one’s premises, within the City of Dalton, any dog not tagged as hereinafter set out. The clerk is hereby directed to prepare suitable', metal tags…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. If the ordinance were adjudged to be a tax ordinance, the question arising from the discrimination in the amount imposed on female dogs and that imposed upon the males might be serious; though we are inclined to think that the subtle influence which she-dogs possess of attracting all the he-dogs in the neighborhood to their immediate vicinity at stated periods, thereby making themselves “attractive nuisances,” as it were, might furnish a legitimate basis for putting bitches in a special taxing class. Still, just here the present complaining party wo aid be met…
2Cases cited15 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Reid v. Mayor of EatontonSupreme Court of Georgia · 1888
- Van Horn v. PeopleMichigan Supreme Court · 1881
- McVicker v. ConkleSupreme Court of Georgia · 1895
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3Cited by10 opinions
- State v. MuellerWisconsin Supreme Court · 1936
- Hofer v. CarsonOregon Supreme Court · 1922
- Johnston v. Atlanta Humane SocietyCourt of Appeals of Georgia · 1985
- Griner v. Baggs & PerryCourt of Appeals of Georgia · 1908
- State v. TullSuperior Court of Delaware · 1939
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