Legal Opinion

Brown v. Southern Railway Co.

Supreme Court of Georgia

Decided July 2, 1906PublishedCited by 7 opinions

Injunction. Before Judge Reagan. Henry superior court. April 16, 1906. Upon the petition of the Southern Railway Company, the court below granted a temporary injunction to restrain the enforcement of a tax execution issued against that company by A. N. Brown, as secretary and treasurer of the board of trustees of the McDonough school district of Henry county, and levied by the sheriff of that county upon depot property belonging to the railway company.

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Injunction. Before Judge Reagan. Henry superior court. April 16, 1906. Upon the petition of the Southern Railway Company, the court below granted a temporary injunction to restrain the enforcement of a tax execution issued against that company by A. N. Brown, as secretary and treasurer of the board of trustees of the McDonough school district of Henry county, and levied by the sheriff of that county upon depot property belonging to the railway company. The execution purported to have been issued to collect the sum of $436.66, “the amount of school tax for McDonough Sub-school district for the…

1Opinion of the CourtEvans, J.

(After stating the facts.) In the case of the Georgia R. Co. v. Hutchinson, ante, 762, the act of August 23, 1905,. providing for the establishment of district schools^ was under consideration by this court, and that act was held to be constitutional and capable of being carried into effect, so far as the levying- and collection of the local school tax authorized by the second section 'thereof was concerned, though it was not contemplated by the General Assembly that the tax’ should be assessed and collected for the year 1905. The present ease, however, presents an entirely different…

2Cases cited1 opinion

  1. Verdery v. Village of SummervilleSupreme Court of Georgia · 1888

3Cited by7 opinions

  1. Coleman v. Board of EducationSupreme Court of Georgia · 1908
  2. Edalgo v. Southern Railway Co.Supreme Court of Georgia · 1907
  3. Green v. HutchinsonSupreme Court of Georgia · 1907
  4. McLennan v. UndercoflerSupreme Court of Georgia · 1966
  5. Cairo Banking Co. v. PonderSupreme Court of Georgia · 1908

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