Leggett v. City of Dallas

Supreme Court of Georgia

Leggett v. City of Dallas

267 S.E.2d 217, 245 Ga. 729, 1980 Ga. LEXIS 915

CourtSupreme Court of Georgia

DecidedApril 29, 1980

Docket36131

StatusPublished

This text of 267 S.E.2d 217 (Leggett v. City of Dallas) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leggett v. City of Dallas, 267 S.E.2d 217, 245 Ga. 729, 1980 Ga. LEXIS 915 (Ga. 1980).

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Opinion

Marshall, Justice.

Pretermitting the issue of whether the appellant — as a signer of a petition for a referendum for the legalization and control of alcoholic beverages and liquors which was held in the City of Dallas pursuant to the provisions of Code Ch. 58-10 — was estopped to object to the legality and sufficiency of the petition, the requirement of Code Ann. § 58-1003 (Ga. L. 1937-1938, Extra. Sess., pp. 103, 105; 1972, pp. 207, 208), that the petition be signed by at least 35 per cent, of the registered voters, was directory only in this post-election attack, so thát its violation was not a ground of collateral attack on the election, the validity of which was properly upheld. Shead v. Scholes, 239 Ga. 804 (238 SE2d 859) (1977) and cits.

Judgment affirmed.

All the Justices concur. Thomas C. Sanders, for appellees.

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Marshall, Justice.

Pretermitting the issue of whether the appellant — as a signer of a petition for a referendum for the legalization and control of alcoholic beverages and liquors which was held in the City of Dallas pursuant to the provisions of Code Ch. 58-10 — was estopped to object to the legality and sufficiency of the petition, the requirement of Code Ann. § 58-1003 (Ga. L. 1937-1938, Extra. Sess., pp. 103, 105; 1972, pp. 207, 208), that the petition be signed by at least 35 per cent, of the registered voters, was directory only in this post-election attack, so thát its violation was not a ground of collateral attack on the election, the validity of which was properly upheld. Shead v. Scholes, 239 Ga. 804 (238 SE2d 859) (1977) and cits.

Judgment affirmed.

All the Justices concur. Thomas C. Sanders, for appellees.

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267 S.E.2d 217, 245 Ga. 729, 1980 Ga. LEXIS 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leggett-v-city-of-dallas-ga-1980.

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