Legal Opinion
Verner v. Board of Education of Haralson County
Supreme Court of Georgia
Decided April 13, 1948No. 16155PublishedCited by 6 opinions
1Opinion of the Court
Bell, Justice.
1. “An action can not be maintained in a name as plaintiff which is neither that of a natural person, a partnership, nor of such artificial person as is recognized by the law as capable of suing. A proceeding commenced in such a name, there being no plaintiff, is not an action, but a mere nullity, and may be dismissed at any time on motion.” Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 774 (1) (50 S. E. 978).
2. Under the law of this State, a county board of education is not a natural person, a partnership, or a body corporate with authority to sue or be sued, in the…
2Cases cited7 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Mattox v. Board of EducationSupreme Court of Georgia · 1918
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- Board of Education v. Southern Michigan National BankSupreme Court of Georgia · 1937
- Board of Education of Baker County v. HallSupreme Court of Georgia · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Parker v. Bd. of Ed. of Sumter CountySupreme Court of Georgia · 1952
- Ray v. Cobb County Board of EducationCourt of Appeals of Georgia · 1964
- Smith v. MaynardSupreme Court of Georgia · 1959
- Lance Roofing Co. v. Board of EducationCourt of Appeals of Georgia · 1975
- Ray v. Cobb County Board of EducationCourt of Appeals of Georgia · 1964
1 more not listed; retrieve them via the Exa API.