McClure v. Shirley

Supreme Court of Georgia

McClure v. Shirley

183 S.E.2d 385, 227 Ga. 832, 1971 Ga. LEXIS 857

CourtSupreme Court of Georgia

DecidedJuly 15, 1971

Docket26602

StatusPublished

This text of 183 S.E.2d 385 (McClure v. Shirley) 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

McClure v. Shirley, 183 S.E.2d 385, 227 Ga. 832, 1971 Ga. LEXIS 857 (Ga. 1971).

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Opinion

Felton, Justice.

Although this appeal is nominally by the two appellants "individually and as members of the Board of Education of Hall County, Georgia,” it is from the same declaratory judgment as the appeal in Bd. of Educ. of Hall County v. Shirley, 226 Ga. 770 (177 SE2d 711) and involves no relief sought or granted against the appellants as individuals. Since a majority of the five-member board was required to initiate an appeal, Code § 102-102 (5); Styles v. Waters, 212 Ga. 644 (94 SE2d 702), this appeal by less than a majority must be dismissed.

Appeal dismissed.

All the Justices concur.

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Felton, Justice.

Although this appeal is nominally by the two appellants "individually and as members of the Board of Education of Hall County, Georgia,” it is from the same declaratory judgment as the appeal in Bd. of Educ. of Hall County v. Shirley, 226 Ga. 770 (177 SE2d 711) and involves no relief sought or granted against the appellants as individuals. Since a majority of the five-member board was required to initiate an appeal, Code § 102-102 (5); Styles v. Waters, 212 Ga. 644 (94 SE2d 702), this appeal by less than a majority must be dismissed.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

183 S.E.2d 385, 227 Ga. 832, 1971 Ga. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-shirley-ga-1971.

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