Legal Opinion

Brand v. Town of Lawrenceville

Supreme Court of Georgia

Decided July 22, 1898PublishedCited by 9 opinions

Petition, for injunction. Before Judge Hutchins. Gwinnett county. September 18, 1897. On March 2, 1897, E. M. Brand brought his petition against the mayor and council of Lawrenceville, and the marshal of the town, to enjoin the collection of an execution against him for taxes in favor of the town, and the collection of any taxes from him for the purpose of paying the principal or interest on certain bonds issued by the town authorities.

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Petition, for injunction. Before Judge Hutchins. Gwinnett county. September 18, 1897. On March 2, 1897, E. M. Brand brought his petition against the mayor and council of Lawrenceville, and the marshal of the town, to enjoin the collection of an execution against him for taxes in favor of the town, and the collection of any taxes from him for the purpose of paying the principal or interest on certain bonds issued by the town authorities. The court refused an injunction, and the petitioner excepted. The petition alleged in substance: (1-6) On March 2, 1894, the town authorities ordered an…

1Opinion of the CourtFish, J.

The facts are stated in the official report.

1. It was evidently the legislative intention in the act of 1893 (Acts of 1893, p. 428) to submit to the qualified voters of the Town of Lawrenceville, at one and the same election, the two propositions, viz.: (1) whether or not such town should establish and maintain public schools by local taxation, and, (2) whether or not it should incur a debt by issuing bonds for the purpose of purchasing school property and building schoolhouses. While it might be better and more appropriate to provide for separate elections as to these matters, we know of no…

2Cases cited5 opinions

  1. Hope v. Mayor of GainesvilleSupreme Court of Georgia · 1884
  2. City Council v. DunbarSupreme Court of Georgia · 1873
  3. Trustees of Academy v. City CouncilSupreme Court of Georgia · 1892
  4. Wright v. Southwestern RailroadSupreme Court of Georgia · 1880
  5. McCommons v. English & Co.Supreme Court of Georgia · 1897

3Cited by9 opinions

  1. Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
  2. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  3. Davis v. Dougherty CountySupreme Court of Georgia · 1902
  4. Davis v. WardeSupreme Court of Georgia · 1923
  5. Cain v. SmithSupreme Court of Georgia · 1903

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