Perkins v. Norristown Sch. Dist. No. 42

• Decision Date: 14 April 1921
• Docket Number: (Nos. 2262, 2263.)
• Citation: 151 Ga. 414,107 S.E. 42
• Parties: PERKINS v. NORRISTOWN SCHOOL DIST. NO. 42. THOMPSON v. EBENEZER SCHOOL DIST. NO. 12.
• Court: Georgia Supreme Court

151 Ga. 414

107 S.E. 42

PERKINS

v.NORRISTOWN SCHOOL DIST. NO. 42.

THOMPSON

v.EBENEZER SCHOOL DIST. NO. 12.

(Nos. 2262, 2263.)

Supreme Court of Georgia.

April 14, 1921.

(Syllabus by the Court.)

Certified Questions from Court of Appeals. Suits by M. B. Perkins against Norristown (42) School District and by J. R. Thompson against Ebenezer (12) School District. Judgments for defendants, and plaintiffs brought error to the Court of Appeals, which certified questions to the Supreme Court. First question answered. Second question not answered.

I. W. Rountree, of Swainsboro, for plaintiff in error.

Walter F. Grey, Sol. Gen., and A. S. Bradley, both of Swainsboro, and A. A. & E. L. Meyer, of Atlanta, for defendant in error.

GEORGE, J. These cases came before this court on questions certified by the Court of Appeals. The questions and statement of facts preceding the same in one of the cases (being alike in the other) are as follows:

"On July 7, 1919, the solicitor general of the Middle circuit filed his petition in behalf of the state of Georgia, in the superior court of Emanuel county, calling upon the Ebenezer (12) school district of that county to show cause why a certain issue of district school bonds should not be validated according to law. The court on the same day passed an order assigning the cause for a hearing within 20 days, to wit, on July 26, 1919, at chambers at Louisville, Ga., a point without the county of Emanuel, and directing that service be perfected as required by law. At the time and place thus appointed for the hearing the court passed an order validating said bonds. On September 25, 1919, the judge passed an order vacating the original rule nisi, and the judgment of court rendered at chambers, and assigned the cause for a hearing at the next regular term of the superior court of Emanuel county, to be held on October 13, 1919. At the hearing had at the regular term of Emanuel superior court. J. R. Thompson, as intervener, objected to the validation of the bonds, on the ground that while the said order of validation granted at chambers was void, yet, as more than 20 days had elapsed from the time of the presentation of the petition of the solicitor general and the court's order of September 25. the court lost jurisdiction of the subject-matter, and that there was no authority in the court to vacate the original rule nisi and to reassign the cause for a hearing at the next regular term, since the provisions of section 440 of the Civil Code of 1910, directing the judge of the court to pass an order requiring the officers of the school district...