City of Waycross v. Waycross Savings & Trust Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Summerall. Ware superior court. January 8, 1916. The City of Waycross and the tax-collector of Ware County filed an .equitable petition for injunction and receiver, against the Trustees of the Young Men’s Christian Association and others. At the interlocutory hearing, the judge revoked the restraining order, discharged the temporary receiver, and held that the property in dispute was not subject to taxation, under the constitution.
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Petition for injunction. Before Judge Summerall. Ware superior court. January 8, 1916. The City of Waycross and the tax-collector of Ware County filed an .equitable petition for injunction and receiver, against the Trustees of the Young Men’s Christian Association and others. At the interlocutory hearing, the judge revoked the restraining order, discharged the temporary receiver, and held that the property in dispute was not subject to taxation, under the constitution. To this ruling the plaintiffs excepted.
1Opinion of the CourtGilbert, J.
1. Trustees whose duty it is to manage religious, charitable, educational, or other public trusts are not required to make returns to the ordinary. Ford v. Thomas, 111 Ga. 493 (2), 502 (36 S. E. 841).
2. Under the facts of this ease the judge did not abuse his discretion in denying an interlocutory injunction.
3. On the hearing of an application for an interlocutory injunction the judge should not undertake to finally adjudicate disputed issues of fact, but should only determine whether the same authorize the interlocutory relief sought. Florida Central R. Co. v. Cherokee Sawmill Co., 137 Ga.…
2Cases cited2 opinions
- Florida Central Railroad v. Cherokee Sawmill Co.Supreme Court of Georgia · 1912
- Ford v. ThomasSupreme Court of Georgia · 1900
3Cited by14 opinions
- Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
- Young Men's Christian Ass'n v. Lancaster CountyNebraska Supreme Court · 1921
- Tharpe v. Central Georgia Council of Boy Scouts of AmericaSupreme Court of Georgia · 1938
- Mu Beta Chapter Chi Omega House Corp. v. DavisonSupreme Court of Georgia · 1941
- Camp v. Fulton County Medical SocietySupreme Court of Georgia · 1964
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