Mitchell County v. Phillips
Supreme Court of Georgia
Injunction. Before Judge B. C. Bell. Mitchell superior court. March 29, 1921. In May, 1919, the commissioners of roads and revenues of Mitchell County, by proper resolution, called an election for the voting of bonds for'the grading and paving of the public roads of the county. At the election held the bonds carried, and, on August 2, 1919, were regularly validated by judgment of the superior court.
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Injunction. Before Judge B. C. Bell. Mitchell superior court. March 29, 1921. In May, 1919, the commissioners of roads and revenues of Mitchell County, by proper resolution, called an election for the voting of bonds for'the grading and paving of the public roads of the county. At the election held the bonds carried, and, on August 2, 1919, were regularly validated by judgment of the superior court. In the resolution calling the election, in the notice of election, in the petition for the validation of the bonds, in the answer to the petition, and in the judgment of validation it was provided…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.)
1. We are of the opinion that under the evidence submitted to the court, the court properly enjoined the collection of the tax levied for the year 1920 to meet the payment of the interest coupons for that year. The bonds issued in pursuance of the authority given by the election and the validation of the bonds had not been issued and sold, and consequently no interest was *792accruing upon these bonds and did not accrue in the years 1919 and 1920. The failure of the county authorities to issue the bonds and sell them in the years 1919 and 1920 did not have the…
2Cited by4 opinions
- Summer v. AllisonCourt of Appeals of Georgia · 1972
- Hardin v. ReynoldsSupreme Court of Georgia · 1939
- Jones v. ColemanSupreme Court of Georgia · 1922
- Roberts v. Chancellor Fleet Corp.Court of Appeals of Georgia · 1987