Peagler v. Thigpen

Supreme Court of Georgia

Peagler v. Thigpen

157 S.E.2d 750, 223 Ga. 723, 1967 Ga. LEXIS 671

CourtSupreme Court of Georgia

DecidedOctober 20, 1967

Docket24318

StatusPublished

Cited by3 cases

This text of 157 S.E.2d 750 (Peagler v. Thigpen) 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

Peagler v. Thigpen, 157 S.E.2d 750, 223 Ga. 723, 1967 Ga. LEXIS 671 (Ga. 1967).

Pincite

Opinion

Almand, Presiding Justice.

Robert Peagler and others in their petition against W. B. Thigpen and others, as members of the Ware County Board of Education, prayed that a writ of prohibition issue against the defendants requiring them to show cause why they should not be forbidden to proceed further with the transfer and assignment of pupils from two county schools. In the petition it was alleged that the board on May 22, 1967, denied the petitioners’ application to continue the present assignment of children residing in the MillwoodManor residential area to the Millwood Grammar School. From this decision a petition for certiorari to the Ware Superior Court was filed. Thereafter on May 26, 1967, the board passed an order to abolish the Millwood Grammar School and grades 9-12 of the Manor School and to transfer the children residing in the Millwood-Manor area to other county schools. The petition seeks to prohibit the board from implementing this last order.

The defendants filed general demurrers to the petition for pro *724 hibition which were sustained. The appeal is from this order sustaining the demurrers and dismissing the petition. Held:

Argued October 9, 1967 — Decided October 20, 1967. Albert E. Butler, for appellants. Memory, Barnes & Memory, Foster Memory, S. F. Memory, Jr., for appellees.

The case of Booth v. Ware County Board of Education, 223 Ga. 583, was between the same parties and involved the same subject matter as here. We there held that the trial court properly refused to enjoin the Ware County Board of Education from proceeding to carry out its plan of pupil transfer and assignment pending the petitioners' appeal to the superior court. The action of the board in the instant case was authorized by Code Ann. § 32-954 (Ga. L. 1953, Nov. Sess., pp. 282, 283). Davis v. Jarriel, 223 Ga. 624.

The court did not err in sustaining the general demurrers.

Judgment affirmed.

All the Justices concur.

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Almand, Presiding Justice.

Robert Peagler and others in their petition against W. B. Thigpen and others, as members of the Ware County Board of Education, prayed that a writ of prohibition issue against the defendants requiring them to show cause why they should not be forbidden to proceed further with the transfer and assignment of pupils from two county schools. In the petition it was alleged that the board on May 22, 1967, denied the petitioners’ application to continue the present assignment of children residing in the MillwoodManor residential area to the Millwood Grammar School. From this decision a petition for certiorari to the Ware Superior Court was filed. Thereafter on May 26, 1967, the board passed an order to abolish the Millwood Grammar School and grades 9-12 of the Manor School and to transfer the children residing in the Millwood-Manor area to other county schools. The petition seeks to prohibit the board from implementing this last order.

The defendants filed general demurrers to the petition for pro *724 hibition which were sustained. The appeal is from this order sustaining the demurrers and dismissing the petition. Held:

Argued October 9, 1967 — Decided October 20, 1967. Albert E. Butler, for appellants. Memory, Barnes & Memory, Foster Memory, S. F. Memory, Jr., for appellees.

The case of Booth v. Ware County Board of Education, 223 Ga. 583, was between the same parties and involved the same subject matter as here. We there held that the trial court properly refused to enjoin the Ware County Board of Education from proceeding to carry out its plan of pupil transfer and assignment pending the petitioners' appeal to the superior court. The action of the board in the instant case was authorized by Code Ann. § 32-954 (Ga. L. 1953, Nov. Sess., pp. 282, 283). Davis v. Jarriel, 223 Ga. 624.

The court did not err in sustaining the general demurrers.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

157 S.E.2d 750, 223 Ga. 723, 1967 Ga. LEXIS 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peagler-v-thigpen-ga-1967.

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