Legal Opinion

Morris v. Smith

Supreme Court of Georgia

Decided May 15, 1922No. 2918PublishedCited by 9 opinions

Petition for injunction. Before Judge Fortson. Jackson superior court. November 4, 1921. W. F. Morris and .others filed a petition against George E. Smith, tax-collector of Jackson County, B. H. Collier, sheriff of Jackson County, and the Board of Education of the Town of Maysville, seeking to enjoin the collection of a tax fi. fa. levied on the property of the petitioner for the support of the school in the Maysville School District.

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Petition for injunction. Before Judge Fortson. Jackson superior court. November 4, 1921. W. F. Morris and .others filed a petition against George E. Smith, tax-collector of Jackson County, B. H. Collier, sheriff of Jackson County, and the Board of Education of the Town of Maysville, seeking to enjoin the collection of a tax fi. fa. levied on the property of the petitioner for the support of the school in the Maysville School District. The petition alleges, in substance, that the tax levy and the fi. fa. are illegal and void, because the district has never been lawfully created; that no…

1Opinion of the CourtGilbert, J.

1. Under the pleadings and the evidence the court was authorized to find that the school district was lawfully created. There was evidence tending to show that the respective boards of education in the two counties had, about ten years previous to the filing of this suit, laid off their counties into districts leaving well-designated areas adjacent to the Town of Maysville, wherein it was provided that the school children should attend the public schools in Maysville, and for a number of years the respective boards of education had paid to the Board of Education of Maysville the proportionate…

2Cases cited7 opinions

  1. Irvin v. GregorySupreme Court of Georgia · 1891
  2. DeLoach v. NewtonSupreme Court of Georgia · 1910
  3. Burge v. MangumSupreme Court of Georgia · 1910
  4. Tucker v. RobertsSupreme Court of Georgia · 1921
  5. Vickers v. HawkinsSupreme Court of Georgia · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Clements v. PowellSupreme Court of Georgia · 1923
  2. Steadham v. State of GeorgiaSupreme Court of Georgia · 1968
  3. Rhodes v. JerniganSupreme Court of Georgia · 1923
  4. Jennings v. New Bronwood School DistrictSupreme Court of Georgia · 1923
  5. Tarpley v. CarrSupreme Court of Georgia · 1949

4 more not listed; retrieve them via the Exa API.

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