Ballard v. Morgan County

Court of Appeals of Georgia

Ballard v. Morgan County

100 S.E. 763, 24 Ga. App. 371, 1919 Ga. App. LEXIS 672

CourtCourt of Appeals of Georgia

DecidedNovember 5, 1919

Docket10732, 10748

StatusPublished

This text of 100 S.E. 763 (Ballard v. Morgan County) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballard v. Morgan County, 100 S.E. 763, 24 Ga. App. 371, 1919 Ga. App. LEXIS 672 (Ga. Ct. App. 1919).

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Opinion

Smith, J.

1. This case, -under the writ of error, was transmitted from the superior court to the Supreme Court, and the latter court by a formal order transferred it to this court. From this order it necessarily follows that in the judgment of the Supreme Court the constitutional question attempted to be raised in the case was not properly presented.

2. Where at a special term of the superior court of Morgan county, held on June 26, 1919, upon a petition duly filed, praying for the validation of certain county bonds, all the proceedings appeared on their face to have been regular, including the notice provided for by law, and the court rendered a judgment validating the bonds, and, 16 days thereafter and after the court had adjourned, certain persons filed a petition merely alleging that they were tax-payers and asking that the order validating the bonds be vacated or reopened, and that they be heard on the question as to the regularity or irregularity of the election held to authorize the bonds, the court did not err in dismissing the petition, on the ground that it came too late.

Judgment affirmed, on main hill of exceptions; cross-hill dismissed.

Jenkins, P. J., and Stephens, J., concur.

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Smith, J.

1. This case, -under the writ of error, was transmitted from the superior court to the Supreme Court, and the latter court by a formal order transferred it to this court. From this order it necessarily follows that in the judgment of the Supreme Court the constitutional question attempted to be raised in the case was not properly presented.

2. Where at a special term of the superior court of Morgan county, held on June 26, 1919, upon a petition duly filed, praying for the validation of certain county bonds, all the proceedings appeared on their face to have been regular, including the notice provided for by law, and the court rendered a judgment validating the bonds, and, 16 days thereafter and after the court had adjourned, certain persons filed a petition merely alleging that they were tax-payers and asking that the order validating the bonds be vacated or reopened, and that they be heard on the question as to the regularity or irregularity of the election held to authorize the bonds, the court did not err in dismissing the petition, on the ground that it came too late.

Judgment affirmed, on main hill of exceptions; cross-hill dismissed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

100 S.E. 763, 24 Ga. App. 371, 1919 Ga. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-morgan-county-gactapp-1919.