Legal Opinion

Clay v. Austell School District

Court of Appeals of Georgia

Decided February 19, 1926No. 16699Published

1Opinion of the CourtJenkins, P. J.

1. The petition for the validation of bonds, filed by the ■ solicitor-general, against the Austell School District, which is alleged to be a legally constituted and established school district in the county of Cobb, State of Georgia, was not subject to demurrer on the ground that it set forth no proper party defendant. “If the election for district bonds was unauthorized because the district was not one in which a local tax was levied or was not in a county which levied such a tax, it was incumbent upon the defendant or the intervenors to plead and prove such facts.” Powell v. Consolidated…

2Cases cited5 opinions

  1. Harrell v. Town of WhighamSupreme Court of Georgia · 1914
  2. Jennings v. New Bronwood School DistrictSupreme Court of Georgia · 1923
  3. Richter v. Chatham CountySupreme Court of Georgia · 1916
  4. Stephens v. School District No. 3Supreme Court of Georgia · 1922
  5. Powell v. Consolidated School District No. 1Court of Appeals of Georgia · 1921

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