Buice v. Dixon, No. 24284

CourtSupreme Court of Georgia
Writing for the CourtUNDERCOFLER
Citation157 S.E.2d 481,223 Ga. 645
Docket NumberNo. 24284
Decision Date21 September 1967
PartiesM. M. BUICE et al. v. P. K. DIXON, Member of Board of Commissioners of Roads and Revenues of ClaytonCounty et al.

Page 481

157 S.E.2d 481
223 Ga. 645
M. M. BUICE et al.
v.
P. K. DIXON, Member of Board of Commissioners of Roads and
Revenues of ClaytonCounty et al.
No. 24284.
Supreme Court of Georgia.
Sept. 21, 1967.
Rehearing Denied Oct. 5, 1967.

Page 482

[223 Ga. 648] Wesley G. Bailey, II, Jonesboro, for appellants.

John R. McCannon, Jonesboro, for appellees.

Syllabus Opinion by the Court

[223 Ga. 645] UNDERCOFLER, Justice.

M. M. Buice and Mack A. Carnes, citizens and taxpayers of Clayton County, brought an action in the Superior Court of Clayton County against P. K. Dixon, James A. Duncan and Tommy Vaughn, as members of the board of commissioners of roads and revenues of said county and two named auditors. The petition alleges that said members of the board of commissioners of roads and revenues are required by Sec. 14 of Ga.L.1966, p. 2723, as amended by Ga.L. 1967, p. 3058, to have conducted an annual audit of the financial affairs, books and records of said county as therein provided; that the auditors are required to submit a complete and final report and audit in accordance with said section to said board of commissioners not later than 120 days after the close of the fiscal year; that the fiscal year closed on December 31, 1966; that the time has expired within which such complete and final report was to have been submitted; and that said commissioners and auditors of said county have failed and refused to comply with these laws. The prayers are for process; that the court find the members of said board have not faithfully discharged the duties of their office, that they have failed to carry out the provisions of said statutes to the best interest of said county; that the court forfeit the bonds of the defendants; that the commissioners be directed to discharge the named auditors for nonperformance of duties; that the court direct the appointment of a county auditor with instructions to audit all records and comply with said laws; that the defendants be taxed for court costs; and for general relief. The defendants filed a general demurrer to the [223 Ga. 646] petition attacking Section 14 of the Act of 1966, as amended in 1967, on the ground that it violates the due process clause of the Georgia Constitution (Art. I, Sec. I, Par. III, Code Ann. § 2-103). The trial court sustained grounds 3 and 4 of the demurrer and the exception is to said rulings only. Held:

Section 2 of the Act of 1966 struck section 14 of the original Act of 1955...

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28 practice notes
  • Malloy v. State, No. S13A0188.
    • United States
    • Supreme Court of Georgia
    • July 11, 2013
    ...false claims, a question of fact which does not overcome the presumption that the statute is constitutional. See generally Buice v. Dixon, 223 Ga. 645, 646–647, 157 S.E.2d 481 (1967). Accordingly, we find that OCGA § 49–4–146.1(b)(2) as applied in this case is not unconstitutionally vague a......
  • In re C. H., A17A1320
    • United States
    • United States Court of Appeals (Georgia)
    • September 27, 2017
    ...that "all presumptions are in favor of the constitutionality of an act of the legislature" (punctuation omitted)); Buice v. Dixon, 223 Ga. 645, 647, 157 S.E.2d 481 (1967) ( "[I]t is well settled in this jurisdiction that all statutes are presumed to be enacted by the legislature with full k......
  • Gwinnett County Sch. Dist. v. Cox, No. S10A1773.
    • United States
    • Georgia Supreme Court
    • May 16, 2011
    ...must determine that the Act is not capable of being construed in harmony with that constitutional provision. See generally Buice v. Dixon, 223 Ga. 645, 647, 157 S.E.2d 481 (1967). Thus, we now turn to the different reasons that have been asserted in support of the position that commission c......
  • Collins v. State, No. A97A0963
    • United States
    • United States Court of Appeals (Georgia)
    • December 4, 1997
    ...acts directed to children are, in law, forcible and against the will.' Richardson, [supra]. See also Cooper [II ]." 5 See Buice v. Dixon, 223 Ga. 645, 157 S.E.2d 481 (1967); City of Dalton v. Gene Rogers Constr. Co., 223 Ga.App. 819, 479 S.E.2d 171 6 Statutory rape is included in the offens......
  • Request a trial to view additional results
28 cases
  • Malloy v. State, No. S13A0188.
    • United States
    • Supreme Court of Georgia
    • July 11, 2013
    ...false claims, a question of fact which does not overcome the presumption that the statute is constitutional. See generally Buice v. Dixon, 223 Ga. 645, 646–647, 157 S.E.2d 481 (1967). Accordingly, we find that OCGA § 49–4–146.1(b)(2) as applied in this case is not unconstitutionally vague a......
  • In re C. H., A17A1320
    • United States
    • United States Court of Appeals (Georgia)
    • September 27, 2017
    ...that "all presumptions are in favor of the constitutionality of an act of the legislature" (punctuation omitted)); Buice v. Dixon, 223 Ga. 645, 647, 157 S.E.2d 481 (1967) ( "[I]t is well settled in this jurisdiction that all statutes are presumed to be enacted by the legislature with full k......
  • Gwinnett County Sch. Dist. v. Cox, No. S10A1773.
    • United States
    • Georgia Supreme Court
    • May 16, 2011
    ...must determine that the Act is not capable of being construed in harmony with that constitutional provision. See generally Buice v. Dixon, 223 Ga. 645, 647, 157 S.E.2d 481 (1967). Thus, we now turn to the different reasons that have been asserted in support of the position that commission c......
  • Collins v. State, No. A97A0963
    • United States
    • United States Court of Appeals (Georgia)
    • December 4, 1997
    ...acts directed to children are, in law, forcible and against the will.' Richardson, [supra]. See also Cooper [II ]." 5 See Buice v. Dixon, 223 Ga. 645, 157 S.E.2d 481 (1967); City of Dalton v. Gene Rogers Constr. Co., 223 Ga.App. 819, 479 S.E.2d 171 6 Statutory rape is included in the offens......
  • Request a trial to view additional results

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