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Powell v. Hall Hardware Co.

Powell, trustee v. Hall Hardware Company

Powell v. Hall Hardware Co., 119 S.E. 595 (Ga. 1923)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
October 11, 1923
Docket
No. 3616
Judges
Hill
Citations
119 S.E. 595156 Ga. 6141923 Ga. LEXIS 284

Opinion of the Court — Hill

Text extracted by OCR from a scanned original; check the original for exact wording.

Hill, J.

1. This being an application for mandamus to compel the levy of a tax under sec. 129 of the code of school laws (Acts 1919, p. 341), and it not being alleged in the petition, and it not appearing from the agreed statement of facts, that the school district was one in which the levy of a local school tax was authorized, the court below erred in granting a mandamus absolute.

:{•«) No tax can be levied in a local school district unless authorized by popular vote as provided by the amendment to the constitution, ratified November 2, 1920 (Acts 1919, p. 66).

(5) The fact that a judgment has been rendered against the trustees of a school district does not affect the ruling made above. Brunson v. Caskie, 127 Ga. 501 ( 56 S. E. 621 , 9 L. R. A. (N. S.) 1002).

2. The question here decided was not involved and passed upon in the case of Ty Ty Consolidated School Dist. v. Colquitt Lumber Co., 153 Ga. 426 ( 112 S. E. 561 ). The levy of a tax was not involved in that case, and it was not a proceeding by mandamus to compel the levy of a tax.

3. In view of the above ruling the court erred in granting a mandamus absolute. Judgment reversed.

All the Jtistices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11925: 11927: 11943: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Hannah v. Lovelace-Young Lumber Co.127 S.E. 225 (Ga. 1925)
  2. Wrightsville Consolidated School District v. Selig Co.24 S.E.2d 306 (Ga. 1943)
  3. Stapleton v. Martin138 S.E. 767 (Ga. 1927) · Concurring in Part, Dissenting in Part
  4. Powell v. Jenkins & Sons121 S.E. 686 (Ga. 1924)

Most recent

  1. Wrightsville Consolidated School District v. Selig Co.24 S.E.2d 306 (Ga. 1943)
  2. Stapleton v. Martin138 S.E. 767 (Ga. 1927) · Concurring in Part, Dissenting in Part
  3. Hannah v. Lovelace-Young Lumber Co.127 S.E. 225 (Ga. 1925)
  4. Powell v. Jenkins & Sons121 S.E. 686 (Ga. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Brunson v. Caskie, 56 S.E. 621 (Ga. 1907) 22
Ty Ty Consol. Sch. Dist. v. Colquitt Lumber Co., 112 S.E. 561 (Ga. 1922) 22

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