Legal Opinion

Vanover v. Davis

Supreme Court of Georgia

Decided January 15, 1859PublishedCited by 15 opinions

In Equity, in Terrell Superior Court. Decision by Judge Kiddoo, at November adjourned Term, 1858. This was a bill in equity, filed by John B. Yanover, Richard R. Roby, and others, (about ninety in number,) citizens and tax payers of Terrell county, against the Justices of the Inferior Court and the tax collector of said county, praying for an injunction to restrain the collection of a tax of two hundred, per cent, ordered by the said Inferior Court tobe assessed and levied “…

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In Equity, in Terrell Superior Court. Decision by Judge Kiddoo, at November adjourned Term, 1858. This was a bill in equity, filed by John B. Yanover, Richard R. Roby, and others, (about ninety in number,) citizens and tax payers of Terrell county, against the Justices of the Inferior Court and the tax collector of said county, praying for an injunction to restrain the collection of a tax of two hundred, per cent, ordered by the said Inferior Court tobe assessed and levied “ on the State tax, for public buildings.” Said order was passed 14th August, 1858, by said Court in chambers, and signed…

1Opinion of the Court

*356 By the Court.

Lumpkin J.

delivering the opinion.

[1.] Three of the Justices of the Inferior Court of Terrell county, met at chambers, August, 1858; and amongst other things, assessed a tax of two hundred per cent, on the State tax, for “Public Buildings.” Its collection is resisted by a bill for an injunction, by a portion of the tax payers of Terrell county, and the only questions which we deem it necessary to decide are: 1st. Have the Justices the power to levy this tax? 2d. Has the Judiciary the power to interfere ? And 3d. Is this a case for chancery ?

By the 4th section of the Act of 1856,…

2Cited by15 opinions

  1. Carroll v. Williams, County TreasurerTexas Supreme Court · 1918
  2. Hewin v. City of AtlantaSupreme Court of Georgia · 1905
  3. McIntyre v. HarrisonSupreme Court of Georgia · 1931
  4. Lufkin v. City of GalvestonTexas Supreme Court · 1885
  5. Albany Bottling Co. v. WatsonSupreme Court of Georgia · 1898

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