Coleman v. Fields
Supreme Court of Georgia
Equitable petition. Before Judge Bawlings. Emanuel superior court. August 5, 1913. • The act of 1905 (Acts 1905, p>. 425), as amended by the act of 1906 (Acts 1906, p. 61), provided, among other things, for* the levy and collection of a school tax for educational purposes. It was declared that the act should become operative in 'a county or district when put in force by an election called in a certain manner, and determined by a certain majority of votes.
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Equitable petition. Before Judge Bawlings. Emanuel superior court. August 5, 1913. • The act of 1905 (Acts 1905, p>. 425), as amended by the act of 1906 (Acts 1906, p. 61), provided, among other things, for* the levy and collection of a school tax for educational purposes. It was declared that the act should become operative in 'a county or district when put in force by an election called in a certain manner, and determined by a certain majority of votes. The provisions in regard to holding such an election are now set forth in the Civil Code (1910), § 1534. In 1907 an election was held in…
1Opinion of the CourtAtkinson, J.
(After stating the facts.) Coleman was a party plaintiff in both actions. While different officers of the county were sought to be enjoined, it was not contended that there was a variance between the actions in the matter of parties defendant. The first action sought to enjoin the levy of a local tax, while the second suit sought to enjoin collection after the tax had been levied. The grounds of attack in the second were included in the first. In the first case there was a final judgment against Coleman, and it was conclusive against him in the second. It was contended that the suit to enjoin…
2Cases cited6 opinions
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- City of Davenport v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
- Kennedy v. McCarthySupreme Court of Georgia · 1884
- Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Georgia Railroad & Banking Co. v. RedwineDistrict Court, N.D. Georgia · 1952
- Tripp v. CoxCourt of Appeals for the Fourth Circuit · 1924