Seaboard Air-Line Railway Co. v. Townsend Consolidated School District

1. An election ordered in 1926 by the board of county commissioners, and not by the ordinary, to determine whether a local school district might levy a tax for educational purposes, was a mere nullity. A valid order for such an election can come only from the ordinary after a proper petition is presented to him, and without such an order the election is without legal effect. Ga. L. 1919, pp, 288, 338, § 124; Park’s Code Supp. 1922, § 1438(h) ; Michie’s Code, § 1551(133) ; 9 R. C. L. 1000, § 20.

2. Where such a void election was held, and was declared to have resulted in favor of the proposed…