McElreath v. Gross
Court of Appeals of Georgia
Action for damages; from Camden superior court—Judge High-smith. April 3, 1917. It appears that an ordinance of the City of Kingsland imposed certain license taxes for doing business within that municipality; and provided for its enforcement by fine or labor on the streets, when persons liable to the tax transacted such business without first obtaining a license so to do; that Gross, Carleton, and others filed a • petition for injunction against Emmett McElreath, the mayor,…
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Action for damages; from Camden superior court—Judge High-smith. April 3, 1917. It appears that an ordinance of the City of Kingsland imposed certain license taxes for doing business within that municipality; and provided for its enforcement by fine or labor on the streets, when persons liable to the tax transacted such business without first obtaining a license so to do; that Gross, Carleton, and others filed a • petition for injunction against Emmett McElreath, the mayor, and W„ H. Jones, the marshal of the municipality, in which they ' alleged that the ordinance was void, • as not being…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. It was manifestly not error to sustain the demurrer so far as the first count, pertaining to the malicious use of process, was concerned. The lack of probable cause is one of the necessary, elements to be alleged and proved in an action of this character. In the case of Short v. Spragins, 104 Ga. 628 (30 S. E. 810), the Supreme Court said: “When an equitable petition for injunction and the appointment of a receiver, which fairly and honestly set forth the facts relied upon by the plaintiffs therein, was presented to the judge of the superior court, who…
2Cases cited6 opinions
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Brantley v. Rhodes-Haverty Furniture Co.Supreme Court of Georgia · 1908
- Mullins v. MatthewsSupreme Court of Georgia · 1905
- Short & Co. v. Spragins, Buck & Co.Supreme Court of Georgia · 1898
- Georgia Loan & Trust Co. v. JohnstonSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Davison-Paxon Co. v. WalkerSupreme Court of Georgia · 1932
- Ellis v. Millen Hotel Co.Supreme Court of Georgia · 1941
- Marshall v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1919
37 more not listed; retrieve them via the Exa API.