Connally v. Morrison
Supreme Court of Georgia
Petition f-or injunction. Before Judge Eite. Dade superior ■court. April 15, 1913. Leon Connally and several other persons, as citizens and taxpayers of the 960th school district of Dade county, instituted an action 'against W. G. Morrison, John L. Case, and S. J. Hale, as district trustees, and others, alleging, that more than three years before the institution of the suit an election was held in the district, as provided by law,, for the purpose of assessing a local school…
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Petition f-or injunction. Before Judge Eite. Dade superior ■court. April 15, 1913. Leon Connally and several other persons, as citizens and taxpayers of the 960th school district of Dade county, instituted an action 'against W. G. Morrison, John L. Case, and S. J. Hale, as district trustees, and others, alleging, that more than three years before the institution of the suit an election was held in the district, as provided by law,, for the purpose of assessing a local school tax upon the taxpayers of the district, and that the election resulted in favor of local taxation, and the law…
1Opinion of the CourtAtkinson, J.
The record discloses that upon mere inspection of the petition the judge refused the injunction on the ground that he considered that the petition was clearly without equity. That he could do so has been decided. Remshart v. Savannah &c. R. Co., 54 Ga. 579; Brown v. Wilson, 56 Ga. 534. Whether there was any equity in the petition would depend on the right of the officers to levy the tax, which, under the allegations of the petition, was merely a question of law. It was conceded that the law authorizing the school tax in the district had been effective by virtue of an election previously held…
2Cases cited2 opinions
- Brown v. WilsonSupreme Court of Georgia · 1876
- Remshart v. Savannah & Charleston RailroadSupreme Court of Georgia · 1875
3Cited by4 opinions
- Callaway v. JacksonSupreme Court of Georgia · 1934
- Hughes v. MorrisonSupreme Court of Georgia · 1914
- Wall v. HumphriesSupreme Court of Georgia · 1934
- Selders v. BrownSupreme Court of Georgia · 1930