WILLIAMS et al. v. HUTCHINS

19415.

212 Ga. 594 (1956)

94 S.E.2d 412

WILLIAMS et al. v. HUTCHINS.

Supreme Court of Georgia.

Decided September 7, 1956.


Attorney(s) appearing for the Case

George P. Dillard, W. Dan Greer, for plaintiff in error.

James R. Venable, Margaret Hopkins, contra.

Harry S. Baxter, Smith, Kilpatrick, Cody, Rogers & McClatchey, for parties at interest not parties to record.


HAWKINS, Justice.

While injunction, when properly invoked, is an available remedy to restrain the collection of an unlawful exaction in the form of a tax based upon an excessive levy, and one need not await the levy of a tax execution before seeking such relief, and need not pay or tender any part of a tax under a levy wholly void (Pullman Co. v. Suttles, 187 Ga. 217, 220, 199 S. E. 821) — yet, where, as here, a citizen and taxpayer of...

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