Legal Opinion

Smith v. Holcomb

Court of Appeals of Georgia

Decided October 14, 1932No. 22166PublishedCited by 2 opinions

1Opinion of the CourtSutton, J.

1. Under the rulings of the Supreme Court in Smith v. Board of Trustees, 173 Ga. 437 (160 S. E. 395), and Holcomb v. Smith, 175 Ga. 566 (165 S. E. 581), the acts of the board of trustees for relief and pension fund of the members of the Atlanta police department (Ga. L. 1925, p. 234) are ministerial in character, the members thereof are vested with a discretion in passing upon the questions given to them by statute to determine, and their decision is final as to who are entitled to pensions under the act.

2. It follows that the writ of certiorari will not lie to review a finding of the board,…

2Cases cited2 opinions

  1. Smith v. Board of Trustees for ReliefSupreme Court of Georgia · 1931
  2. Holcomb v. SmithSupreme Court of Georgia · 1932

3Cited by2 opinions

  1. City of MacOn v. HerringtonSupreme Court of Georgia · 1944
  2. West v. CarrollSupreme Court of Georgia · 1946

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