Davis v. Ware County Bd. of Ed., 26154
| Decision Date | 03 December 1970 |
| Docket Number | No. 26154,26154 |
| Citation | 178 S.E.2d 857,227 Ga. 41 |
| Parties | Isaac J. DAVIS et al. v. WARE COUNTY BOARD OF EDUCATION et al. |
| Court | Georgia Supreme Court |
Seymour S. Owens, Tifton, Albert E. Butler, Jesup, for appellants.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., William L. Harper, H. Perry Michael, Asst. Attys. Gen., Atlanta, S. F. Memory, Waycross, for appellees.
Syllabus Opinion by the Court
Isaac J. Davis and others filed a complaint in the Superior Court of Ware County, Georgia, against the Georgia Education Authority (Schools) and the Ware County Board of Education. Each defendant filed a plea to the jurisdiction of that the Georgia Education Authority (Schools) Act (Ga.L.1951, pp. 241, 258, (Schools) Act (Ga.L. 1951, pp. 241, 258, § 22; Code Ann. § 32-1422a) provides that any action which pertains to the validation of any bonds issued under the provisions of said Act shall be brought in the Superior Court of Fulton County, Georgia, which court has exclusive original jurisdiction thereof. The trial court on June 5, 1970, sustained the pleas to the jurisdiction and certified each judgment for immediate appeal.
On June 10, 1970, Isaac J. Davis and the others filed a complaint in the Superior Court of Fulton County, Georgia, against the same defendants. On June 25, 1970, the trial judge in the Fulton County litigation advised the parties orally of his decision. His decision was made in writing on July 8, 1970, and was a final judgment on the merits of the complaint adverse to the complainants' contentions. The rulings of the trial judge in the Fulton County case are now before this court for review in Cases No. 26173 (Georgia Education Authority (Schools) v. Davis et al., and No. 26176 (Davis et al. v. Georgia Education Authority (Schools) et al., 227 Ga. 36, 178 S.E.2d 853).
On June 29, 1970, the complainants in the Ware County litigation timely filed a notice of appeal from the judgment of the trial court sustaining the pleas to the jurisdiction of each of the defendants.
The Georgia Education Authority (Schools) and the Ware County Board of Education filed a motion to dismiss the appeal from the Ware County judgment on the pleas to the jurisdiction. The motion to dismiss asserts that the appellants after such Ware County judgment sued them in the Fulton Superior Court on the same cause of action, that the action in the Fulton Superior Court was pursued to final adjudication on its merits and adverse to the appellants' contentions, that after the oral announcement of the Fulton County court's decision, the appellants filed a notice of appeal from the judgment on the pleas to the jurisdiction in Ware County,...
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Garrett v. Panacon Corp.
...346. Coming after the entry of judgment, it cannot have this effect.) Panacon cites in support of its position Davis v. Ware County Board of Education, 227 Ga. 41, 178 S.E.2d 857, which we find inapposite because it concerned an attempt to prosecute the same claim simultaneously in two diff......
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Georgia Ed. Authority (Schools) v. Davis, s. 26173
...action was dismissed on a plea to the jurisdiction and an appeal therefrom is now pending in this court (Davis v. Ware County Board of Education, No. 26154, 227 Ga. 41, 178 S.E.2d 857); that thereafter the instant suit was filed in Fulton County; that the plaintiffs in this action are actin......