Robert v. Wilkinson County

(Atkinson, J.

1. Before the writ of mandamus will issue to compel the county commissioners to issue their warrant upon the treasurer to pay a debt, it must appear that the debt comes within the classes provided in the constitution for which a tax may be levied. Brunson v. Caskie, 127 Ga. 501 (56 S. E. 621, 9 L. R. A. (1ST. S.) 1002); Barksdale v. Hayes, 134 Ga. 348 (67 S. E. 852).

2. The constitution (Civil Code, § 6562), declares: “The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes in instructing children…