144 Ga. 177 | Ga. | 1915
J. S. Roberts and others, taxpayers, sought to enjoin the enforcement of certain tax fi. fas. against them, alleged to have been issued by authority of an election held in the Elm school district of Colquitt county. The election was alleged to have been held by virtue of an order passed by the ordinary under the act of 1906 (Civil Code of 1910, § 1535), which provides that an ordinary may call an election for submitting to the voters of any school district the power to levy a tax for educational purposes to supplement the State public-school fund; “provided, that notice of the same shall be posted in at least three conspicuous places in the district ten days prior to the election.” It was alleged that the notices required by the statute were neither published nor posted; and that if there had been compliance with the statute in this respect, the result of the election would have been different. Eor which reason it is alleged that' the election' is void, and that the collection of the special tax assessed by virtue of such election should be restrained. The petition was duly verified, and was presented to the judge, who refused to grant a restraining order or a rule to show cause.
As taxpayers of the Elm school district the petitioners resist the collection of the tax, because the election, upon the result of which the right to levy the tax is predicated, is void. It is not an open question that in such a case the remedy by injunction is appropriate. Coleman v. Board of Education, 131 Ga. 643 (63 S. E. 41). The court erred in refusing to grant a restraining order or a rule nisi, under the allegations of the petition.
Judgment reversed.