J. J. Black & Co. v. City of Atlanta
Court of Appeals of Georgia
1Opinion of the Court
Deen, Judge.
1. The Board of Education of the City of Atlanta is not a legal entity and has been given no statutory authority to sue or be sued in its own name. Where, therefore, it is a necessary party to an action, the only method of joining it as such is by suit against all of the individual members constituting the board. West v. Carroll, 201 Ga. 473 (la) (39 SE2d 872). While it is “one of the regular boards of city government,” it is comprised of elected officials separate from those carrying on the regular business of the municipality, and is by statute given exclusive authority for…
2Cases cited5 opinions
- Spiegel v. HaysCourt of Appeals of Georgia · 1961
- Parker v. Bd. of Ed. of Sumter CountySupreme Court of Georgia · 1952
- Crow v. McCallumSupreme Court of Georgia · 1960
- Dickenson v. HawesCourt of Appeals of Georgia · 1924
- West v. CarrollSupreme Court of Georgia · 1946
3Cited by3 opinions
- Weiss v. GunterCourt of Appeals of Georgia · 1978
- Knight v. Troup County Board of EducationCourt of Appeals of Georgia · 1978
- Winchester Construction Co. v. Miller County Board of EducationDistrict Court, M.D. Georgia · 1993