Fleishel v. Hightower
Supreme Court of Georgia
Municipal corporations. Levy and sale. Garnishments. Debtor and creditor. Before Judge Hillyer. Clayton County. At Chambers.
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Municipal corporations. Levy and sale. Garnishments. Debtor and creditor. Before Judge Hillyer. Clayton County. At Chambers. April 18, 1879. Hightower et al. filed their bill against the Intendant, etc., -of Jonesboro and the Southern Mutual Insurance Company, making, in brief, the following case: The town of Jonesboro was incorporated in 1872. By the charter the intend-ant and wardens were empowered to levy a tax exclusively for educational purposes, the entire tax on property not being increased to more than one per cent. The provision of the charter is as follows : “ Be it further enacted,…
1Opinion of the Court
Jackson, Justice.
1. By chartey, the town of Jonesboro is empowered to hold title to real estate for school purposes, and to use the school-house erected therebn for educational purposes. See charter.
If so, we cannot see that it makes any difference whether they run the school as a free school or charge for tuition, or rent the property to private teachers. The great purpose of the grant is to educate the children of the town, and the discretion how best to use the property to that end is in the commissioners of the town.
2. Such school-house cannot be seized and sold under execution for debts…
2Cited by7 opinions
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Neal-Millard Co. v. Trustees of Chatham AcademySupreme Court of Georgia · 1904
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
- Board of Education v. HunterSupreme Court of Georgia · 1940
- Ingram v. DossSupreme Court of Georgia · 1962
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