Legal Opinion

McFarlin v. Board of Drainage Commissioners

Supreme Court of Georgia

Decided July 12, 1922No. Nos. 2884, 2903PublishedCited by 6 opinions

Action upon bond. Before Judge Iiodges. Franklin superior court. October 7, 1921. The Board of Drainage Commissioners of Middle River District brought suit against G. A. McFarlin as principal, and A. F. McFarlin and others as securities on his bond as treasurer of Franklin County, to recover the sum of $40,000, with interest thereon from September 13, 1920, at the rate of 20 per cent, per annum.

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Action upon bond. Before Judge Iiodges. Franklin superior court. October 7, 1921. The Board of Drainage Commissioners of Middle River District brought suit against G. A. McFarlin as principal, and A. F. McFarlin and others as securities on his bond as treasurer of Franklin County, to recover the sum of $40,000, with interest thereon from September 13, 1920, at the rate of 20 per cent, per annum. The petition alleged that G. A. McFarlin had been elected county treasurer of Franklin County, and that he as principal and the other defendants, on December 27, 1916, executed a bond payable to the…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. The act of 1911 — Acts 1911, pp. 108, 1,32; Park’s Code §§ 439 (a) -439 (oo), known as the drainage act, has been under review by this court twice. Almand v. Pate, 143 Ga. 711 (85 S. E. 909); Almand v. Board of Drainage Commrs., 147 Ga. 532 (2) (94 S. *769E. 1028). In the first case the act was held to be constitutional as against the attacks then made upon it. The demurrer in the present case raises other questions as to the constitutionality of the act. The demurrers and amended demurrers in the present case raise questions as to the constitutionality of…

2Cases cited13 opinions

  1. Mayor of Americus v. PerrySupreme Court of Georgia · 1902
  2. Martin v. BroachSupreme Court of Georgia · 1849
  3. Renfroe v. ColquittSupreme Court of Georgia · 1885
  4. Mayor of Savannah v. State ex rel. GreenSupreme Court of Georgia · 1848
  5. Lamb v. DartSupreme Court of Georgia · 1899

8 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Riverton Valley Drainage Dist. v. Board of County Com'rs.Wyoming Supreme Court · 1937
  2. Green v. JonesWest Virginia Supreme Court · 1959
  3. Fite v. HensonSupreme Court of Georgia · 1924
  4. Massachusetts Bonding & Insurance v. Board of CommissionersSupreme Court of Georgia · 1931
  5. Toole v. AndersonSupreme Court of Georgia · 1933

1 more not listed; retrieve them via the Exa API.

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