Waller v. Perkins
Supreme Court of Georgia
County matters. Tax. County commissioners. Officers. Election. Injunction. Before Judge Hall. Monroe County. At chambers.
Read the full summary
County matters. Tax. County commissioners. Officers. Election. Injunction. Before Judge Hall. Monroe County. At chambers. March 7th, 1873. Alexander Perkins and others, filed their bill against Smith Waller, the tax collector of Monroe county, making, in brief, the following case: Complainants are tax-payers of Monroe county, owning property therein to the amount of about $100,000 00. Prior to the year 1872, said county had contracted an alleged indebtedness amounting to $23,541 16. Of this amount $20,415 02 constituted no binding obligation upon the county, as it was in the shape of…
1Opinion of the Court
McCay, Judge.
1. It is very difficult, perhaps impossible, to say exactly what was the true intent of the framers of the Code on some of the leading points made by this record. As to the taxes necessary to build and repair the public buildings of the county, such as the court-house, jails, etc., it is very plain, from sections 496, 497 and 503 of the Code, that the ordinary acts in his discretion, subject only to the control of the judge of the superior court, by proceeding, formally instituted, charging abuse. It seems to us to follow, as a matter of course, that this discretion, limited, as…
2Cited by19 opinions
- Churchill v. WalkerSupreme Court of Georgia · 1882
- Commissioners of Habersham County v. Porter Manufacturing Co.Supreme Court of Georgia · 1898
- Dejarnette v. Hospital Authority of AlbanySupreme Court of Georgia · 1942
- Decatur County v. RobertsSupreme Court of Georgia · 1925
- Sullivan v. YowSupreme Court of Georgia · 1906
14 more not listed; retrieve them via the Exa API.