Beckham v. Gallemore
Supreme Court of Georgia
Petition for injunction. Before Judge Kent. Twiggs superior court. January 11, 1917. Miss E. G. Beckham and others filed their petition against the tax-collector of Twiggs county and a bailiff, to enjoin the collection of a local tax for public schools under the act of the General Assembly embodied in the Civil Code of 1910, §§ 1531-1535. A temporary restraining order was granted, and upon the hearing the judge dissolved the restraining order and denied the injunction.
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Petition for injunction. Before Judge Kent. Twiggs superior court. January 11, 1917. Miss E. G. Beckham and others filed their petition against the tax-collector of Twiggs county and a bailiff, to enjoin the collection of a local tax for public schools under the act of the General Assembly embodied in the Civil Code of 1910, §§ 1531-1535. A temporary restraining order was granted, and upon the hearing the judge dissolved the restraining order and denied the injunction. To this ruling the plaintiffs excepted.
1Opinion of the CourtGilbert, J.
1. Public officers are presumed to have performed the duties imposed upon them by law. When an issue is raised in a judicial proceeding as to the truth thereof, the burden of proof rests upon the party asserting failure of such performance. The evidence in this case is insufficient to invalidate a finding by the trial court that the board of education complied with the statute in laying off the County of Twiggs into school districts, especially when there is no effort to show that the alleged variation from the prescribed area was not due to natural causes or local conditions making the same…
2Cases cited12 opinions
- Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
- Coleman v. Board of EducationSupreme Court of Georgia · 1908
- DeLoach v. NewtonSupreme Court of Georgia · 1910
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- Burkhart v. City of FitzgeraldSupreme Court of Georgia · 1912
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- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
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- Mott v. Georgia State Board of Examiners in OptometrySupreme Court of Georgia · 1918
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- Boston Sea Party of Atlanta, Inc. v. Bryant Lithographing Co.Court of Appeals of Georgia · 1978
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