145 Ga. 91 | Ga. | 1916
Certain citizens and taxpayers of the Wood Station subschool district of Catoosa county filed a petition against the board of trustees of that district, the county school commissioner, and the tax-collector, to enjoin them from collecting a tax claimed to have been authorized by virtue of an election under the Civil Code (1910), § 1535, providing for local taxation by school districts for the support of public schools. The ground of attack was that the board of education had not complied with the provisions of the law with reference to laying out the county into
Affidavits submitted on the hearing should be incorporated in the bill of exceptions to review the refusal of an interlocutory injunction, or be attached as exhibits thereto, duly and properly identified, or be embodied in an approved brief of the evidence, brought up as a part of the record. Where neither of these methods is adopted, but copies of affidavits are sent up as part of the record for .the reason that the trial judge, subsequently to the certification and filing of the bill of exceptions, gave a general certificate that “seventeen affidavits were submitted on the hearing,” such affidavits have not been brought to this court in the manner prescribed by law, and therefore they can not be considered. As the correctness of the judgment under review involves a consideration of the evidence, no adjudication thereon can be had. Eubank v. Eastman, 120 Ga. 1048 (48 S. E. 426). The law does not per
Dismissed.