Legal Opinion

Sellers v. Cox

Supreme Court of Georgia

Decided December 12, 1906PublishedCited by 15 opinions

Petition for injunction. Before Judge Spence. Decatur superior court. October 6, 1906. The plaintiffs in error filed an equitable petition in which they named as defendants J. M. Cox and others, as trustees of the Hopeful school district, and J. P. Heath and his associate members of the county board of education of Mitchell county, in their individual as well as in their official capacity.

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Petition for injunction. Before Judge Spence. Decatur superior court. October 6, 1906. The plaintiffs in error filed an equitable petition in which they named as defendants J. M. Cox and others, as trustees of the Hopeful school district, and J. P. Heath and his associate members of the county board of education of Mitchell county, in their individual as well as in their official capacity. The petition recited the following state of facts: At the session, of the General Assembly held in 1905, an act was passed entitled, “An act to incorporate the Hopeful school district, in Mitchell county,”…

1Opinion of the CourtEvans, J.

(After stating the facts.) 1. In Barber v. Alexander, 120 Ga. 30, and in Neal v. McWhorter, 122 Ga. 431, this court held that the school law contained in the Political Code, §§ 1338-1408, was a general law, by which it was declared that each county shall comprise one school district, and that a special law creating a district within a district destroys territorial uniformity and sets apart one locality in the State in which an existing general law is not longer to be of force. The special act describing a circumscribed area of a county as a school district and providing for the establishment…

2Cases cited4 opinions

  1. O'BRIEN v. WheelockSupreme Court of the United States · 1902
  2. Irvin v. GregorySupreme Court of Georgia · 1891
  3. Barber v. AlexanderSupreme Court of Georgia · 1904
  4. Neal v. McWhorterSupreme Court of Georgia · 1905

3Cited by15 opinions

  1. Evans, Et Ux. v. Hillsborough CountySupreme Court of Florida · 1938
  2. Edalgo v. Southern Railway Co.Supreme Court of Georgia · 1907
  3. Smith v. City Council of AugustaSupreme Court of Georgia · 1948
  4. Burkhart v. City of FitzgeraldSupreme Court of Georgia · 1912
  5. Spielberger v. Hall & Co.Supreme Court of Georgia · 1925

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