Legal Opinion

Board of Education of Fulton County v. Board of Education of College Park

Supreme Court of Georgia

Decided April 11, 1918No. 526PublishedCited by 8 opinions

Injunction. Before Judge Pendleton. Fulton superior court. July 17, 1017. By an act of the General Assembly (Acts 1908, p. 555) the Board of Education of the City of College Park was created, and a system of public schools was authorized within its limits.

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Injunction. Before Judge Pendleton. Fulton superior court. July 17, 1017. By an act of the General Assembly (Acts 1908, p. 555) the Board of Education of the City of College Park was created, and a system of public schools was authorized within its limits. The City of College Park is partially situated within the County of Fulton, and previously to the passage of the act of 1908 the territory comprised within the part of College Park which is in Fulton County was within a school district of Fulton County and within the jurisdiction of the Board of Education of Fulton County. Within that…

1Opinion of the CourtGilbert, J.

(After stating the foregoing facts.)

1. The act of the General Assembly approved August 14, 1908, amending the charter of College Park and providing for a system of public schools (Acts 1908, p. 555), is not violative of par. 1 of sec. 4 of art. 8 of the constitution of Georgia (Civil Code, § 6579), which grants authority to counties, militia districts, school districts, and municipal corporations to establish and maintain public schools in their respective limits by local taxation, upon certain conditions. The act of 1908 does not undertake to create a rural school district, such as is…

2Cases cited20 opinions

  1. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  2. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  3. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  4. Welborne v. StateSupreme Court of Georgia · 1902
  5. Mayor of Americus v. PerrySupreme Court of Georgia · 1902

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3Cited by8 opinions

  1. School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
  2. Clements v. PowellSupreme Court of Georgia · 1923
  3. Swoger v. Glynn CountySupreme Court of Georgia · 1934
  4. McClatchey v. City of AtlantaSupreme Court of Georgia · 1919
  5. Upson County School District v. City of ThomastonSupreme Court of Georgia · 1981

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