City Board of Education of Athens v. Williams

FOSTER, Justice.

This is a suit in equity to establish a preference in favor of the city board of education of Athens for school funds being administered by that authority, and which were deposited in a bank now in liquidation, when the deposit was made by the treasurer of that fund without authority of law.

There is no effort to trace it as a trust fund, but the claim is based upon the prerogative right of the state so often de-' dared by this court in recent cases. There were three separate accounts in the bank made by the treasurer, each distinguished by the source of the revenue or the…