Legal Opinion
Witherow v. Board of Drainage Commissioners of Powder Springs Creek Drainage District No. 2
Supreme Court of Georgia
Decided April 12, 1923No. 3429PublishedCited by 10 opinions
1Opinion of the CourtGilbert, J.
1. It has been held by this court that assessments of the character involved in this suit “ are radically different from ad valorem taxes, and are not taxes within the meaning of the constitution.'’ Almand v. Pate, 143 Ga. 711, at p. 716 (85 S. E. 909), and citations.
2. The demurrer of one of the defendants, going to the substance of the whole petition, and challenging the right of the plaintiffs to any relief in a court of equity, inured to the benefit of the other defendants, although the other defendants filed no pleas. McKinney v. Powell, 149 Ga. 422, 430 (100 S. E. 375). Therefore the…
2Cases cited2 opinions
- Almand v. PateSupreme Court of Georgia · 1915
- McKinney v. PowellSupreme Court of Georgia · 1919
3Cited by10 opinions
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- Reserve Life Insurance v. DavisSupreme Court of Georgia · 1968
- Frances Wood Wilson Foundation, Inc. v. BellSupreme Court of Georgia · 1967
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1944
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