Roberts v. Dancer

When this case was before the Supreme Court a new trial was granted (144 Ga. 341, 87 S. E. 287), and the only question to be thereafter settled was the issue of fact raised by the affidavit of illegality, as to whether, or not three commissioners concurred in the passage of the resolution directing the issuance of the execution against- the defendants in fi. fa. The act creating the board of commissioners of roads and revenues of Miller county (Acts 1905, p. 569) provides that “three of said board shall con*753stitute a quorum for the transaction of business, and . . three must concur in order to…