Eve v. State
Supreme Court of Georgia
Illegality, in Richmond Superior Court. Decision by Judge Holt, at October Term, 1856. The bill of exceptions certified in this case, contains all the facts necessary to a full understanding of the decision, and is as follows : State of Georgia, I Richmond county.
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Illegality, in Richmond Superior Court. Decision by Judge Holt, at October Term, 1856. The bill of exceptions certified in this case, contains all the facts necessary to a full understanding of the decision, and is as follows : State of Georgia, I Richmond county. J Be it remembered, that at the October Term, 1856, of the Superior Court of said county, the Hon. William W. Holt, Judge of the Superior Courts of the middle district, presiding, the cause of the State of Georgia vs. Elias C. Tinsley, principal, and William R. Ruffin, William J. Eve and William H. Goodrich, sureties, came on to be…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The affidavit of illegality was made and put in by two of the tax collector’s three sureties, and the executor of the third. The Court below dismissed the affidavit, holding that, upder the Tax Act of 1804, there could be no judicial interference with a tax execution.
On this reason of the Court, two questions arise. First: Does the Tax Act of 1804 forbid the Courts to entertain such *55an affidavit of illegality a@ the one aforesaid ? Secondly: If the act does, is the act in that respect constitutional?
The twenty-fourth section of the act is the…
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