Mayor v. Berner

• Decision Date: 15 January 1909
• Citation: 63 S.E. 347,131 Ga. 802
• Parties: MAYOR, etc., OP AMERICUS . v. BERNER.
• Court: Georgia Supreme Court

63 S.E. 347

131 Ga. 802

MAYOR, etc., OP AMERICUS .

v.BERNER.

Supreme Court of Georgia.

Jan. 15, 1909.

1. Licenses (§ 7^*)—License Fees and Taxes —Amount.

If the defendant was an itinerant trader, the plaintiff in error had no power to impose upon him a prohibitory tax for a license to carry on a useful and legitimate business by selling clothing, shoes, and similar articles in a storehouse in the city of Americus.

[Ed. Note.—For other cases, see Licenses, Cent. Dig. § 15; Dec. Dig. § 7.*]

2. Injunction Properly Granted.

Under the evidence submitted at the interlocutory hearing, the court committed no error in granting an injunction.

(Syllabus by the Court.)

Error from Superior Court, Sumter County; Z. A. Littlejohn, Judge.

Action for an injunction by J. Berner against the Mayor and City Council of Americus. Judgment for plaintiff, and the mayor and city council bring error. Affirmed.

J. B. Hudson, L. J. Blalock, and R. L. Maynard, for plaintiff in error.

W. T. Lane, for defendant in error.

HOLDEN, J. Judgment affirmed. All the Justices concur, except PISH, C. J., absent on account of sickness.

*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes