Trustees of the First Methodist Episcopal Church, South v. City of Atlanta
Supreme Court of Georgia
Constitutional Law. Tax. Streets and Sidewalks. Public Policy. Religious Corporations. Laws. Construction. Trusts and Trustees. Before Judge Marshall J. Clarke. Fulton Superior Court.
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Constitutional Law. Tax. Streets and Sidewalks. Public Policy. Religious Corporations. Laws. Construction. Trusts and Trustees. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1885. The trustees of the First Methodist Episcopal Church, South, filed their bill against the city of Atlanta and J. W. Loyd, the marshal thereof, to enjoin the sale by the marshal of the church building under a fi. fa. issued by the city against it for assessments amounting to $1,091.61 for paye-, ments in front and on each side of the church, on Houston, Peachtree and Pryor streets. The act…
1Opinion of the Court
Hall, Justice.
1. In Hayden vs. the City of Atlanta, 70 Ga., 817, we determined that an act of the general assembly conferring upon a municipal corporation authority to assess real property abutting on a street for improvements made thereon, did not involve the exercise of the taxing power within the meaning of that term as used in the constitution, and that there was a distinction between such assessments and taxation; and to that ruling we still adhere. We then maintained the constitutionality of the act now in question, on the ground that it was a rightful mode of carrying into effect the…
2Cases cited5 opinions
- Mayor v. HartridgeSupreme Court of Georgia · 1850
- Hayden v. City of AtlantaSupreme Court of Georgia · 1884
- Doe ex dem. Gladney v. DeavorsSupreme Court of Georgia · 1852
- Montgomery v. Board of EducationSupreme Court of Georgia · 1885
- Jones v. SlighSupreme Court of Georgia · 1885
3Cited by21 opinions
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- Cherokee Brick & Tile Co. v. RedwineSupreme Court of Georgia · 1953
- Dejarnette v. Hospital Authority of AlbanySupreme Court of Georgia · 1942
- City of MacOn v. HerringtonSupreme Court of Georgia · 1944
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