Ty Ty Consolidated School Dist. v. Colquitt Lumber Co.

• Docket Number: 2790.
• Decision Date: 15 May 1922
• Citation: 112 S.E. 561,153 Ga. 426
• Parties: TY TY CONSOLIDATED SCHOOL DIST. v. COLQUITT LUMBER CO.
• Court: Georgia Supreme Court

112 S.E. 561

153 Ga. 426

TY TY CONSOLIDATED SCHOOL DIST. v. COLQUITT LUMBER CO.

No. 2790.

Supreme Court of Georgia

May 15, 1922

Syllabus by the Court.

The plaintiff in error, a school district, is such a body corporate under the law that it may be sued, where it has incurred a liability under the law.

The act of the General Assembly approved August 19, 1916 (Georgia Laws 1916, p. 94), entitled, "An act providing for the making of contracts by the state, counties, municipal corporations or any other public boards, for the doing of any public work, and requiring the contractor in such contracts to give bond," etc., is not unconstitutional on the ground that it contains matter different from what is expressed in the title of the act.

Nor is it unconstitutional because violative of the due process clause of the Constitution, or the provision of the Constitution guaranteeing the equal protection of the laws.

The provision in the act that if the bond contemplated be not taken as required, the corporation or body for which work is done under the contract shall be liable to persons furnishing labor, materials, etc., for any loss resulting from such failure, does not render the act repugnant to article 7,§ 6 par. 2, of the Constitution of the state of Georgia, which places a limitation upon the taxing power of counties.

Error from Superior Court, Colquitt County; W. E. Thomas, Judge.

Action by the Colquitt Lumber Company against the Ty Ty Consolidated School District. Judgment for plaintiff, and defendant brings error. Affirmed.

Dowling Askew & Whelchel, of Moultrie, for plaintiff in error.

W. F Way, Jas. Humphreys, and R. S. Roddenbery, Jr., all of Moultrie, for defendant in error.

BECK P.J.

The defendant in error, Colquitt Lumber Company, brought an equitable petition in Colquitt superior court against W. D Powell and Ty Ty consolidated school district, alleging that the defendants were indebted to the plaintiff in a given sum for material furnished to Powell, who was the contractor in the erection of a school building for the school district; also alleging, among other things, that the school district had issued bonds for the erection of the building, and that no bond had been required of Powell, the contractor, in compliance with the requirements of the act of the Legislature approved August 19, 1916 (Georgia Laws 1916, p. 94), entitled:

"An act providing for the making of contracts by the state, counties, municipal corporations or any other public boards, for the doing of any public work, and requiring the contractor in such contracts to give bond to the contractee for the use of the obligee, and all persons doing work or furnishing skill, tools, machinery, or materials for the purpose of such contract; naming the amount of the penalties in such bond; providing for the approval and filing of such bond, and conditions and penalties for the failure to take such bond."

To this petition the school district filed a demurrer, attacking the act of 1916 upon the ground that it was unconstitutional...