National Linen Service Corp. v. City of Gainesville

Supreme Court of Georgia

National Linen Service Corp. v. City of Gainesville

174 S.E. 621, 178 Ga. 772, 1934 Ga. LEXIS 178

CourtSupreme Court of Georgia

DecidedMay 21, 1934

DocketNo. 9957

StatusPublished

This text of 174 S.E. 621 (National Linen Service Corp. v. City of Gainesville) 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

National Linen Service Corp. v. City of Gainesville, 174 S.E. 621, 178 Ga. 772, 1934 Ga. LEXIS 178 (Ga. 1934).

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Opinion

Hutcheson, J.

The petition fails to allege sufficient facts to afford, extraordinary relief. It is alleged that the defendants “are threatening to proceed with the collection of said tax from petitioner, and one or more of them have demanded that petitioner pay the sum of $150 tax; and upon refusal of your petitioner to pay said amount defendants threatened and continued to threaten to the collection of said amount by the issuance of an execution therefor, followed by seizure thereunder of the property of your petitioner.” No civil or criminal enforcement is alleged to have been instituted. The court on interlocutory hearing did not err in refusing an injunction and in dissolving the temporary restraining order. City of Albany v. National Linen Service Cor., ante; National Linen Service Cor. v. Milledgeville, 177 Ca. 826 (171 S. E. 568).

Judgment affirmed.

All the Justices concur, except Russell, C. J., absent because of illness.

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Hutcheson, J.

The petition fails to allege sufficient facts to afford, extraordinary relief. It is alleged that the defendants “are threatening to proceed with the collection of said tax from petitioner, and one or more of them have demanded that petitioner pay the sum of $150 tax; and upon refusal of your petitioner to pay said amount defendants threatened and continued to threaten to the collection of said amount by the issuance of an execution therefor, followed by seizure thereunder of the property of your petitioner.” No civil or criminal enforcement is alleged to have been instituted. The court on interlocutory hearing did not err in refusing an injunction and in dissolving the temporary restraining order. City of Albany v. National Linen Service Cor., ante; National Linen Service Cor. v. Milledgeville, 177 Ca. 826 (171 S. E. 568).

Judgment affirmed.

All the Justices concur, except Russell, C. J., absent because of illness.

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Bluebook (online)

174 S.E. 621, 178 Ga. 772, 1934 Ga. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-linen-service-corp-v-city-of-gainesville-ga-1934.

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