Peagler v. State, 43490
| Decision Date | 15 May 1968 |
| Docket Number | No. 1,No. 43490,43490,1 |
| Citation | 117 Ga.App. 821,162 S.E.2d 11 |
| Parties | Robert PEAGLER v. STATE of Georgia et al |
| Court | Georgia Court of Appeals |
Albert E. Butler, Jesup, for appellant.
Jones, Bird & Howell, Arthur Howell, Peyton S. Hawes, Jr., Lewis R. Slaton, Sol. Gen., Arthur K. Bolton, Atty. Gen., Alfred L. Evans, Asst. Atty. Gen., King & Spalding, Robert L. Steed, Atlanta, S. F. Memory, Jr., Waycross, for appellees.
Syllabus Opinion by the Court
Other litigation involving the subject matter here, or related issues, is reflected in Booth v. Ware County Board of Education, 223 Ga. 211, 154 S.E.2d 234; Booth v. Ware County Board of Education, 223 Ga. 583, 157 S.E.2d 469; Peagler v. Ware County Board of Education, 223 Ga. 734, 157 S.E.2d 744: Peagler v. Thigpen, 223 Ga. 723, 157 S.E.2d 750, and Davis v. Ware County Board of Education, 117 Ga.App. 388, 160 S.E.2d 674. Finis sit litium.
1. The motion to dismiss the appeal on the grounds that 'neither the enumeration of errors nor the enumeration supported by the brief sufficiently identifies the issues presented for determination,' and 'there is no succinct and accurate statement of such pleadings, facts and issues made in the appeal with citations to such parts of the record by page number,' as required by rules of the court is denied. These are not grounds for dismissal of the appeal, but when found to exist afford a basis for affirmation of the judgment. Thomas v. Scott, 221 Ga. 875(1), 148 S.E.2d 300.
2. The only error enumerated is that 'the trial court erred in ordering validation of the bonds on September 19, 1967.' In his brief intervenor asserts that the questions raised are (1) whether there was ample notice of the proceedings to meet legal requirements, and (2) whether the State, as petitioner in the proceeding, proved the material facts requisite to obtain a validation of the bonds.
(a) The legal sufficiency of the notice published in the official gazette of Fulton County, where the proceedings pended, was approved by the Supreme Court in Steadham v. State of Georgia, 224 Ga. 78, 159 S.E.2d 397.
(b) After Robert Peagler, as a taxpayer of Ware County, where the proposed school is to be constructed for the county school board, filed his intervention the proceeding was regularly scheduled for hearing in Fulton Superior Court. The petition alleged full compliance with all provisions of law for the issuance of the bonds,...
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Georgia Ed. Authority (Schools) v. Davis, s. 26173
...school construction project in 1967 and that said validation was approved in the lower court and affirmed on appeal (Peagler v. State of Ga., 117 Ga.App. 821, 162 S.E.2d 11); that subsequently the bonds were sold to innocent purchasers for value; that thereafter said Robert Peagler and othe......
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Davis v. Georgia State Board of Education
...734, 157 S.E.2d 744 (1967); Davis v. Ware County Board of Education, 117 Ga.App. 388, 160 S.E.2d 674 (1968); Peagler v. State of Georgia, 117 Ga.App. 821, 162 S.E.2d 11 (1968). Having lost these battles in what is obviously a state concern on points of state law, they now try to breathe lif......
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Mayes v. Hodges
...of the enumeration, not dismissal of the appeal. Rule 18(c)(2), this court (Code Ann. § 24-3618(c) (2)); Peagler v. State, 117 Ga.App. 821(1), 162 S.E.2d 11 (1968).2 As to the asserted independent ground of recovery, Pearlman followed Watkins v. Coastal States Life Ins. Co., 118 Ga.App. 145......
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Cox v. Georgia Ed. Authority
...on the motions for judgment on the pleadings. The complaint shows that the bonds have been validated. In Peagler v. State of Georgia, 117 Ga.App. 821, 162 S.E.2d 11, the validation order of September 19, 1967, was affirmed. The opinion recites former litigation pertaining to the matter. The......