Neal v. McCall

Court of Appeals of Georgia

Neal v. McCall

206 S.E.2d 114, 131 Ga. App. 347, 1974 Ga. App. LEXIS 1417

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1974

Docket49007

StatusPublished

Cited by1 cases

This text of 206 S.E.2d 114 (Neal v. McCall) 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.

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Neal v. McCall, 206 S.E.2d 114, 131 Ga. App. 347, 1974 Ga. App. LEXIS 1417 (Ga. Ct. App. 1974).

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Opinion

Stolz, Judge.

The plaintiff, an inmate confined in the Georgia State Prison at Reidsville, Georgia, brought suit against Cecil C. McCall, J. O. Partain, and Joseph G. Maddox, as members of the State Board of Pardons and Paroles, and David M. Rooks, administrative assistant, in the Superior Court of Tattnall County, seeking damages in the form of a money judgment. The basis of the complaint appears to be the denial of the plaintiff’s application for parole as stated in a letter to the plaintiff from defendant Rooks dated March 28, 1973. The Sheriff of Tattnall County made an entry on the pleadings that "Diligent search has been made and all defendants found to be nonresidents of Tattnall County, Georgia.” Based on the foregoing entry, the judge of the superior court dismissed the case. Held:

We affirm. In addition to the reason given by the trial judge in his order, we note that the complaint does not "contain facts upon which the court’s venue [348]*348depends,” and is therefore insufficient as a matter of law to set forth a claim. Code Ann. § 81A-108(a) (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230).

Submitted February 11, 1974 Decided March 15, 1974. James O. Neal, pro se.

Judgment affirmed.

Hall, P. J., and Deen, J., concur.

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Stolz, Judge.

The plaintiff, an inmate confined in the Georgia State Prison at Reidsville, Georgia, brought suit against Cecil C. McCall, J. O. Partain, and Joseph G. Maddox, as members of the State Board of Pardons and Paroles, and David M. Rooks, administrative assistant, in the Superior Court of Tattnall County, seeking damages in the form of a money judgment. The basis of the complaint appears to be the denial of the plaintiff’s application for parole as stated in a letter to the plaintiff from defendant Rooks dated March 28, 1973. The Sheriff of Tattnall County made an entry on the pleadings that "Diligent search has been made and all defendants found to be nonresidents of Tattnall County, Georgia.” Based on the foregoing entry, the judge of the superior court dismissed the case. Held:

We affirm. In addition to the reason given by the trial judge in his order, we note that the complaint does not "contain facts upon which the court’s venue [348]*348depends,” and is therefore insufficient as a matter of law to set forth a claim. Code Ann. § 81A-108(a) (Ga. L. 1966, pp. 609, 619; 1967, pp. 226, 230).

Submitted February 11, 1974 Decided March 15, 1974. James O. Neal, pro se.

Judgment affirmed.

Hall, P. J., and Deen, J., concur.

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206 S.E.2d 114, 131 Ga. App. 347, 1974 Ga. App. LEXIS 1417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neal-v-mccall-gactapp-1974.

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