Augusta Factory v. City Council of Augusta
Supreme Court of Georgia
Municipal corporations. Taxation. Contracts. Injunction. Before Judge Roney. Richmond county. At chambers, June 29, 1889. The Augusta Factory sought an injunction against the municipal authorities of Augusta to prevent the enforcement of an execution for municipal taxes of 1887, which was levied February 18, 1889. Briefly stated, the plaintiff’s case was as follows: Although the tax ordinances for the city for the years 1882-3-4-5-6 imposed a tax on all the property of…
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Municipal corporations. Taxation. Contracts. Injunction. Before Judge Roney. Richmond county. At chambers, June 29, 1889. The Augusta Factory sought an injunction against the municipal authorities of Augusta to prevent the enforcement of an execution for municipal taxes of 1887, which was levied February 18, 1889. Briefly stated, the plaintiff’s case was as follows: Although the tax ordinances for the city for the years 1882-3-4-5-6 imposed a tax on all the property of persons resident in the city, a large part thereof known as the 5th ward was exempted from the operation of those ordinances,…
1Opinion of the Court
Bleckley, Chief Justice.
The code, §3220, declares that the granting and con•tinuing of injunctions must always rest in the sound discretion of the judge, according to the circumstances of each case. The judge having refused an injunction in the present case, the sole question for our determination is, whether in doing so he failed to exercise a sound discretion according to the circumstances. It was insisted on the argument that, by the element of contract, the ease was taken out of the general rule. The contract referred to was a covenant on the part of the city made in July, 1858, with the…
2Cases cited4 opinions
- Waring v. Mayor of SavannahSupreme Court of Georgia · 1878
- State v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Atlanta Street Railroad v. City of AtlantaSupreme Court of Georgia · 1880
- Mayor of Athens v. LongSupreme Court of Georgia · 1875
3Cited by2 opinions
- Washington National Insurance v. Mayor of SavannahSupreme Court of Georgia · 1943
- Board of Co. Com'rs v. Atchison, T. & S. F. R.New Mexico Supreme Court · 1886