State ex rel. Lennard v. Frazier
Supreme Court of Georgia
Quo warranto. Information. Officer. Tax collector. Before Judge Johnson. Muscogee Superior Court. November Term, 1872. Lennard petitioned the Judge of the Superior Court of Muscogee county for leave to file an information in the name *of the State, in the nature of a quo warranto, calling upon Frazier to show by. what authority he was exercising the duties of the office of tax collector of said county, and why he should not be removed therefrom, etc.
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Quo warranto. Information. Officer. Tax collector. Before Judge Johnson. Muscogee Superior Court. November Term, 1872. Lennard petitioned the Judge of the Superior Court of Muscogee county for leave to file an information in the name *of the State, in the nature of a quo warranto, calling upon Frazier to show by. what authority he was exercising the duties of the office of tax collector of said county, and why he should not be removed therefrom, etc. The petitioner alleged that he was eligible to the office of tax collector of said county, to which he had been elected for the term of two…
1Opinion of the Court
Trippe, Judge.
The collection and protection of the revenue of the State is of such paramount interest, that the most stringent provisions for that purpose are to be found both in the Constitution and the Code. No tax payer can contest, by litigation before the Courts, the amount assessed against him as due the State. The State cannot permit the receipt of its revenue to.be delayed, by becoming a litigant in the Courts, and hence provided in section 3618 of the Code: “No replevin shall lie, nor any judicial interference be had in any levy or distress for taxes under the provisions of this…
2Cited by14 opinions
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- Territory of Dakota v. CoxSupreme Court Of The Territory Of Dakota · 1886
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