Legal Opinion · Dissent

Board of Education v. Hunt

Court of Appeals of Georgia

Decided February 20, 1923No. 13681Published

Action for breach of contract; from city court of Houston county — Judge Biley. May 18, 1922.

1DissentLuke, J.

I cannot agree with the majority opinion. The laws under which plaintiff in error was constituted nowhere *668state in totidem verbis that county school boards are bodies corporate, or that they may sue and be sued. Section 1478 of the Civil Code of 1910 makes every county in the State a school district confined to the control and management of a county board of education. Section 1479 provides that five freeholders selected from time to time by the grand jury shall constitute the county board of education. Section 1484 bestows upon such boards rather broad powers, among which are: to purchase,…

2Cases cited7 opinions

  1. Mattox v. Board of EducationSupreme Court of Georgia · 1918
  2. Smith v. Board of EducationSupreme Court of Georgia · 1922
  3. Board of Education v. BaconCourt of Appeals of Georgia · 1918
  4. McLoud v. SelbySupreme Court of Connecticut · 1835
  5. Cox v. Board of CommissionersSupreme Court of Georgia · 1880

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