151 Ga. 489 | Ga. | 1921
J. C. Lewis, doing business as the J. C. Lewis Motor Company, brought his petition for injunction against the Mayor
The petition was demurred to both generally and specially, and also answered. The court, after hearing evidence in the case, sustained the general demurrer, and did not rule upon the grounds of special demurrer; and in the same order the rule nisi theretofore issued was discharged and the temporary injunction prayed for was refused. To this judgment the plaintiff excepted.
The plaintiff contends that the subject-matter of the present suit was adjudicated by the recorder of the City of Savannah. The 18th paragraph of the petition is as follows: “ Said execution is proceeding illegally, because on the 12th day of September, 1919, in the police court of said "city before his honor, John E. Schwarz, Eecorder thereof, there came on to be heard the case of the Mayor and Aldermen of the City of Savannah vs. your petitioner, in which the said plaintiff in fi. fa. had caused to be docketed a charge against your petitioner, in which it was alleged that this defendant was due the said plaintiff in fi. fa. the amount of said execution as a specific tax for the second half year 1919, and in which case the validity of said ordinance was an issue; and said case coming on to be heard before the said court, which under the law had jurisdiction to determine said issues, the said court adjudged that your petitioner was not indebted to said plaintiff in fi. fa. in any sum whatever, and that said ordinance of July 16, 1919, was void; copy of the decision of said court being hereto attached, marked Exhibit A and made a par+ hereof.” The petition was both demurred to and answered. The demurrer, except the special grounds of de
Headnotes two and three require no elaboration.
Judgment affirmed.