Frederick v. City Council
Supreme Court of Georgia
In Equity, decided by Judge Holt, in Richmond- Superior Court, September Term, 1848. On the 15th of March, 1845, the “ City Council of Augusta,” passed an ordinance “ to provide for the construction of a canal for manufacturing purposes, and for the better securing an abundant supply of water for the city.”
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In Equity, decided by Judge Holt, in Richmond- Superior Court, September Term, 1848. On the 15th of March, 1845, the “ City Council of Augusta,” passed an ordinance “ to provide for the construction of a canal for manufacturing purposes, and for the better securing an abundant supply of water for the city.” The second section of this ordinance provided, that “ there be assessed and collected, for the current year, and there is hereby assessed for said year, on all the real estate in the city of Augusta, subject to taxation, a tax of one fourth of one per cent, on the present valuation…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The complainants filed their.bill in the Court below, to enjoin the collection of a tax assessed upon their real estate, in the city of Augusta, by virtue of an ordinance passed by the City Council for that purpose.
On the coming in of the defendant’s answer, a motion was made in the Court below, to dissolve the injunction,, on two grounds—
1st Because there was no equity in the bill.
2d. If there was any equity in the bill filed by the complainants, it had been fully denied by the answer. The Court below dissolved the injunction, whereupon the…
2Cases cited1 opinion
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3Cited by13 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Central Railroad v. CollinsSupreme Court of Georgia · 1869
- Hobbs v. StateCourt of Appeals of Georgia · 1910
- Walker v. McNellySupreme Court of Georgia · 1904
- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
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