Morrison v. Smith

Duckworth, Chief Justice.

1. Where, upon the trial of a suit to enjoin a city from enforcing a fi. fa. for back taxes, a verdict is returned in favor of the city, but added to the verdict is a recommendation that the past taxes be waived, the recommendation is purely surplusage without legal meaning or effect; and the court in that case properly disregarded such recommendation and entered judgment in accord with the actual verdict refusing an injunction. Code, §§ 110-105, 110-106; Tifton, Thomasville &c. Ry. Co. v. Butler, 4 Ga. App. 191, 193 (60 S. E. 1087); Collins v. Bullard, 57 Ga. 333;…