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Hutchins v. Nash

Supreme Court of Georgia
Jan 5, 1968
223 Ga. 874 (Ga. 1968)

Opinion

24416.

ARGUED DECEMBER 12, 1967.

DECIDED JANUARY 5, 1968.

Equitable petition. DeKalb Superior Court. Before Judge Dean.

Herschel H. Hutchins, Larry Cohran, James R. Venable, for appellants.

George P. Dillard, Robert E. Mozley, Herbert O. Edwards, Kelsey Howington, for appellees.


This is an equitable action to enjoin the tax officials from arbitrarily assessing and collecting ad valorem tax from the plaintiffs for the years 1965, 1966 and 1967 disproportionately to other similarly situated taxpayers. General demurrers to the petition were sustained and the appeal is from that judgment. Held:

The petition fails to allege payment or offer to pay any 1967 taxes. Therefore, under the decision of Hobbs v. Nichols, 223 Ga. 639 ( 157 S.E.2d 294) the judgment is

Affirmed. All the Justices concur.

ARGUED DECEMBER 12, 1967 — DECIDED JANUARY 5, 1968.


Summaries of

Hutchins v. Nash

Supreme Court of Georgia
Jan 5, 1968
223 Ga. 874 (Ga. 1968)
Case details for

Hutchins v. Nash

Case Details

Full title:HUTCHINS et al. v. NASH, Tax Commissioner, et al

Court:Supreme Court of Georgia

Date published: Jan 5, 1968

Citations

223 Ga. 874 (Ga. 1968)
158 S.E.2d 924

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