Legal Opinion

Coleman v. Board of Education

Supreme Court of Georgia

Decided December 1, 1908PublishedCited by 36 opinions

Petition for injunction. Before Judge Bawlings. Emanuel superior court. January 11, 1908. Coleman and others, as citizens and taxpayers of the County of Emanuel, on behalf of themselves and all other citizens occupying a similar position, filed their equitable petition against the members of the Board of Education and also the Commissioners' of Boads and Revenues, for the purpose of enjoining the assessment and collection of a local tax in that county for educational…

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Petition for injunction. Before Judge Bawlings. Emanuel superior court. January 11, 1908. Coleman and others, as citizens and taxpayers of the County of Emanuel, on behalf of themselves and all other citizens occupying a similar position, filed their equitable petition against the members of the Board of Education and also the Commissioners' of Boads and Revenues, for the purpose of enjoining the assessment and collection of a local tax in that county for educational purposes. The act of 1905 (Acts 1905, p. 425), as amended by the act of 1906 (Acts 1906, p. 61), under which the election was…

1Opinion of the CourtAtkinson, J.

Several previous attacks have been made upon the constitutionality of the act of 1905 as originally passed, and also as amended by the act of 1906. See Ga. R. Co. v. Hutchinson, 125 Ga. 762 (54 S. E. 725); Brown v. So. Ry. Co., 125 Ga. 772 (54 S. E. 729); Edalgo v. So. Ry. Co., 129 Ga. 258 (58 S. E. 846). So far this legislation has withstood the attacks made upon it, except as to a part of the act of 1905 before its amendment; and the validity of the amended act is now again vigorously attacked on the ground that it is unconstitutional.

1. It is contended that the act contains matter in its…

2Cases cited28 opinions

  1. Ogden City v. ArmstrongSupreme Court of the United States · 1897
  2. Plumb v. ChristieSupreme Court of Georgia · 1898
  3. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  4. Union Pacific Railway Co. v. CheyenneSupreme Court of the United States · 1885
  5. Mayor of Macon v. HughesSupreme Court of Georgia · 1900

23 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Whitaker v. ParsonsSupreme Court of Florida · 1920
  2. Holcombe v. Georgia Milk Producers ConfederationSupreme Court of Georgia · 1939
  3. Mary Lankford, in her official capacity as Sublette County Clerk v. Paul Rock, Dari Quirk, & Ernest KawaWyoming Supreme Court · 2013
  4. DeLoach v. NewtonSupreme Court of Georgia · 1910
  5. Davis v. WardeSupreme Court of Georgia · 1923

31 more not listed; retrieve them via the Exa API.

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