Legal Opinion

Gunn v. Mayor of Macon

Supreme Court of Georgia

Decided February 10, 1890PublishedCited by 6 opinions

Municipal corporations. Tax. License. Before Judge Gustin. Bibb superior court. May term, 1889. Gunn wits tried before the recorder of Macon on the charge of running a wagon in that city without first obtaining a license to do so. He was adjudged guilty and fined; and upon the overruling of a certiorari to this decision, he excepted. For the other facts see the decision.

1Opinion of the Court

Simmons, Justice.

Under the facts as disclosed by this-record, we think the trial j udge erred in not -sustaining the certiorari. The tax sought to be collected from Gunn was a business and not a property tax. Under the charter of the city of Macon, the mayor and council have a right to impose a business tax upon each and every person doing business in said city, and they have a right to impose this business tax in the way of requiring owners of wagons to take out a license therefor when said wagons are engaged in carrying on the owner’s business in said city. But under the facts of this case,…

2Cases cited1 opinion

  1. Davis & Co. v. Mayor of MaconSupreme Court of Georgia · 1879

3Cited by6 opinions

  1. Karnes v. City of BentonCourt of Appeals of Kentucky (pre-1976) · 1935
  2. In re SnyderIdaho Supreme Court · 1905
  3. Rossman v. City of MoultrieSupreme Court of Georgia · 1940
  4. Pratt v. City of MaconCourt of Appeals of Georgia · 1926
  5. City of St. Clair v. GeorgeMissouri Court of Appeals · 1931

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