Tucker v. Justices of the Inferior Court of Lee County
Supreme Court of Georgia
In Equity. Injunction. June 1861. In Lee Superior Court. Motion to dissolve Decided by Judge Allen. At Chambers. Tucker and several other citizens of Lee county, filed their bill against the defendants in error, in November, 1860, exhibiting an order passed by the Inferior Court on the 4th of September, 1860, imposing taxes for that year, as follows— the per centage being counted on the State tax — to wit: bridge fund, 45 per cent; pauper fund, 7 percent; petit jury fund, 10…
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In Equity. Injunction. June 1861. In Lee Superior Court. Motion to dissolve Decided by Judge Allen. At Chambers. Tucker and several other citizens of Lee county, filed their bill against the defendants in error, in November, 1860, exhibiting an order passed by the Inferior Court on the 4th of September, 1860, imposing taxes for that year, as follows— the per centage being counted on the State tax — to wit: bridge fund, 45 per cent; pauper fund, 7 percent; petit jury fund, 10 per cent; turnpike fund, 30 per cent: and directing the tax collector to collect the same. The hill alleged that these…
1Opinion of the Court
Habéis, J.
[1.] We have, with much care, endeavored to trace the various delegations, by the Legislature, to the Inferior Court, of the power of taxation for local purposes.
The first grant we find in the Act of 1799, (see Cobbs Digest, sec. 5, p. 944) in the words,' And that, from time to time hereafter, the Inferior Courts of the several counties shall have full power and authority to appoint the places of erecting public bridges; and the Inferior Court shall levy the amount [cost] -thereof on the county, or order the same to be paid out of any funds of the county subject to their disposal.”
Th…
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