Truett v. Justices of the Inferior Court ex rel. Randolph County
Supreme Court of Georgia
Fi. fa. and illegality, in Randolph Superior Court. Deeided by Judge Kiddoo, at Chambers, May 24th, 1856. A fi. fa. in favor of the Justices of the Inferior Court for the use of Randolph County, was issued against Bright W. Truett, Tax Collector of said county, and his securities, .to collect certain taxes which had come into the hands of said collector, and which were were still in his hands.
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Fi. fa. and illegality, in Randolph Superior Court. Deeided by Judge Kiddoo, at Chambers, May 24th, 1856. A fi. fa. in favor of the Justices of the Inferior Court for the use of Randolph County, was issued against Bright W. Truett, Tax Collector of said county, and his securities, .to collect certain taxes which had come into the hands of said collector, and which were were still in his hands. To this fi. fa. an affidavit of illegality was filed by defendants, and the cause was submitted to the Judge, upon the following agreement : “ It is agreed by and between Counsel for plaintiffs and…
1Opinion of the Court
*104 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In Reynolds vs. Lofton et. al. (18 (Ga. R. 47,) it was. decided that the Justices of the Inferior Courts of the several counties, have no power, under the Act of 1821, to levy,, for county purposes, a tax “ extraordinary of the general State tax,” until after such a tax has been recommended by two-thirds of the Grand Jury of their counties, respectively.”
This case, it is conceded, settles the principle, that the fund collected in the present instance, for poor school purposes, was illegal — it having been done without authority of' law.
But…
2Cited by5 opinions
- Hunt v. WilliamsCourt of Appeals of Georgia · 1961
- Holmes v. HuguleySupreme Court of Georgia · 1911
- Dean v. LufkinTexas Supreme Court · 1881
- Willis v. BivinsSupreme Court of Georgia · 1886
- Richmond County v. Richmond County Reformatory InstituteSupreme Court of Georgia · 1914