Brimer v. Jones

Supreme Court of Georgia

Brimer v. Jones

196 S.E. 435, 185 Ga. 747, 1938 Ga. LEXIS 515

CourtSupreme Court of Georgia

DecidedMarch 11, 1938

DocketNo. 12100

StatusPublished

Cited by6 cases

This text of 196 S.E. 435 (Brimer v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brimer v. Jones, 196 S.E. 435, 185 Ga. 747, 1938 Ga. LEXIS 515 (Ga. 1938).

Pincite

Opinion

Russell, Chief Justice.

The court did not err in sustaining general demurrers to the petition in this case, and in dismissing the action. The plaintiffs prayed that enforcement of the maintenance-tax act approved March 30, 1937 (Ga. L. 1937, pp. 155-167), as to them be enjoined, and that said act so far as it affected petitioners be declared void. It is not alleged that any arrest has been made, or even threatened, or any interference with the persons or the property rights of petitioners, but the petition is based upon a mere apprehension of injury should the provisions of said act be enforced. Southern Oil Stores Inc. v. Atlanta, 177 Ga. 602; Howard v. Briarcliff Zoological Corporation, 178 Ga. 595 (173 S. E. 391). Judgment affirmed.

All the Justices concur. Lindley W. Camp, for plaintiffs. M. J. Yeomans, attorney-general, O. H. Dulces, and Dave M. Pwrlcer, for defendants.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, Chief Justice.

The court did not err in sustaining general demurrers to the petition in this case, and in dismissing the action. The plaintiffs prayed that enforcement of the maintenance-tax act approved March 30, 1937 (Ga. L. 1937, pp. 155-167), as to them be enjoined, and that said act so far as it affected petitioners be declared void. It is not alleged that any arrest has been made, or even threatened, or any interference with the persons or the property rights of petitioners, but the petition is based upon a mere apprehension of injury should the provisions of said act be enforced. Southern Oil Stores Inc. v. Atlanta, 177 Ga. 602; Howard v. Briarcliff Zoological Corporation, 178 Ga. 595 (173 S. E. 391). Judgment affirmed.

All the Justices concur. Lindley W. Camp, for plaintiffs. M. J. Yeomans, attorney-general, O. H. Dulces, and Dave M. Pwrlcer, for defendants.

Cite This Page — Counsel Stack

Bluebook (online)

196 S.E. 435, 185 Ga. 747, 1938 Ga. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brimer-v-jones-ga-1938.

Opinion

Related

Cite This Page — Counsel Stack