Stephenson v. Powell, (No. 7251.)
Decision Date | 14 November 1929 |
Docket Number | (No. 7251.) |
Citation | 169 Ga. 406,150 S.E. 641 |
Parties | STEPHENSON . v. POWELL. |
Court | Georgia Supreme Court |
(Syllabus by Editorial Staff.)
Error from Superior Court, Johnson County; R. Earl Camp, Judge.
Petition by T. J. Powell against J. S. Stephenson. Judgment for plaintiff, and defendant brings error. Reversed.
C. S. Claxton and J. E. Cook, both of Wrightsville, for plaintiff in error.
E. L. Stephens and T. E. Hightower, both of Dublin, for defendant in error.
1929. He prayed that an order be passed revoking the order passed May 18, 1929. On' the hearing the court revoked and annulled the order of May 18, 1929, upon the groundsthat Stephenson's term of office expired May 30, 1928, and Chat at the time of the order of April 3, 1929, appointing Powell a member of said board, there was in fact a vacancy therein, and that the order of the court revoking the appointment of Powell was based upon a misapprehension of the facts. To this ruling Stephenson excepted, and assigned error upon the ground that it was contrary to law, and that the court should have confirmed the order passed on May 18, 1929, instead of revoking it
1. At the time Stephenson was elected by the grand jury as a member of the board of education, the law provided that: Civil Code 1910, § 1479; Acts 1919, pp. 288, 320. This has been the law since the adoption of the Code of 1910. 1 Park's Code 1914, § 1479; 8 Park's Code Supp. 1922, § 1437(b); Ga. Code 1926, § 1551(82). "All officers of this State must * * * discharge the duties of...
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