Williams v. Ragsdale

• Decision Date: 11 May 1949
• Docket Number: 16617,16673.
• Citation: 53 S.E.2d 339,205 Ga. 274
• Parties: WILLIAMS et al. v. RAGSDALE et al. RAGSDALE et al. v. WILLIAMS et al.
• Court: Georgia Supreme Court

53 S.E.2d 339

205 Ga. 274

WILLIAMS et al. v. RAGSDALE et al.

RAGSDALE et al. v. WILLIAMS et al.

Nos. 16617, 16673.

Supreme Court of Georgia

May 11, 1949

Syllabus by the Court.

1. By Section 20 of the Act of 1946, Ga.L.1946, p. 206, county boards of education are vested with all of the rights, powers and duties, formerly vested in local trustees, and accordingly, the allegations and prayers of the petition which were based on the insistence that the local trustees were entitled to have the funds in question delivered to them for the purpose of building a schoolhouse, were subject to special demurrer.

2. Where a statute is challenged as a whole, the attack will necessarily fail unless the statute is invalid in every part for some reason alleged; and the amendment, the striking of which is complained of, was subject to special demurrer since it failed to show that the statute was invalid in every part.

3. The evidence was sufficient to authorize the judgment that was rendered without the intervention of a jury, and the court did not err in overruling the petitioner's motion for new trial as amended.

4. The cross-bill of exceptions filed by the defendants on March 8 1949, assigning error on a portion of a judgment that was rendered on November 1, 1948, to which judgment the defendants did not file a motion for new trial or any exceptions pendente lite, but to which judgment the petitioners filed a bill of exceptions, which was served on the defendants on February 16, 1949, based on the refusal of the court to grant a new trial, presents no question for decision.

The original pleadings in this case are fully set forth in Board of Education of Paulding County v. Gray, 203 Ga. 583, 47 S.E.2d 508, and need not here be repeated. The petitioners filed an equitable suit against the Board of Education of Paulding County, and the individual members thereof, seeking an injunction and other relief with reference to the sale of bonds of the Camp Ground Consolidated School District. General and special demurrers were interposed by the defendants to the petition. The trial court overruled the defendants' general demurrer. Certain grounds of their special demurrer were overruled and other special grounds were sustained. Exceptions pendente lite were filed by the petitioners, assigning error in so far as the judgment sustained the defendants' grounds of special demurrer. The defendants in a direct bill of exceptions assigned error in the judgment overruling their general demurrer. In affirming the judgment overruling the general demurrer to the petition this court held: '1. A petition which states a cause of action for any of the relief prayed should not be dismissed on general demurrer. 2. Where the county Board of Education, pursuant to an Act of the General Assembly approved February 1, 1946, Ga.L.1946, p. 206 received from an abolished local school district funds which had been derived from a sale of bonds voted for the purpose of building, repairing, and equipping a schoolhouse in that district, it can lawfully use the funds for no other purpose.'

After the remittitur of this court was made the judgment of the trial court, the petitioners amended their original petition by alleging substantially the following: The bonds voted in this matter were governed by the Constitution of 1877, being voted under the Constitution and law pertaining thereto and were duly validated accordingly; therefore, the acts of the General Assembly of 1946 and 1947, being subsequent acts of the General Assembly under the Constitution of 1877, would not be applicable, and the said bonds would not be affected by said acts of the General Assembly of 1946 and 1947, in that said acts would be retroactive in character and violative of article 1, section 3, paragraph 2, of the Constitution, Code, § 2-302, and violative of article 1, section 9, of the Constitution of the United States, Code, § 1-128; therefore, the petitioners are entitled to have said bond money turned over to the Trustees of Camp Ground Consolidated School District for the purpose of erecting and equipping a schoolhouse, the purpose for which said bonds were voted and issued. The amendment prayed that an order be so framed as will grant petitioners such relief, directing said bond money to be turned over to the Trustees of said School District.

The defendants demurred to the amendment filed by the petitioners, and moved to strike the same, on the ground that, as a matter of fact and as a matter of law, the Georgia Laws, 1946, p. 206, do not contravene any part of the State Constitution. The trial court sustained the defendants' demurrer to the amendment, and the petitioners filed exceptions pendente lite to this ruling.

By agreement of the parties the case was heard by the trial court without the intervention of a jury, and after hearing the evidence, together with the pleadings and admissions contained therein, the court decreed that the Board of Education of Paulding County holds said funds in trust, for the purpose for which said bonds were voted, to wit, for Camp Ground Consolidated School District; and that the said Board of Education be restrained and permanently enjoined from using or appropriating said funds for any other purpose than building, repairing, and equipping a schoolhouse in and for said Camp Ground Consolidated School District, for which they were voted, as set out in the petition. It was further ordered that Johnson-Lane-Space Co., Inc., be discharged from said case, it not appearing that it is liable.

The petitioners' motion for new trial as amended was overruled, and the case comes to this court for review on their exceptions to that judgment. The bill of exceptions also assigned error on their exceptions pendente lite.

The defendants filed a cross-bill of exceptions, assigning error on the portion of the judgment which enjoined the Board of Education of Paulding County from using or appropriating the money derived from the sale of the bonds for any other purpose than building, repairing, and equipping a schoolhouse in and for said Camp Ground Consolidated School District.

Boykin & Boykin, Carrollton, Robt. D. Tisinger, Carrollton, W. L. Denton, Dallas, for plaintiffs in error.

Hutchens & Foster, Dallas, C. B. McGarity, Dallas, Spalding, Sibley, Troutman & Kelley, Atlanta, Sumter M. Kelley, Atlanta, for defendants in error.

ATKINSON, Presiding Justice (after stating the foregoing facts).

1. Section 20 of the Act approved February 1, 1946, Ga.L.1946 p. 206, provides: 'The County Board of Education of each county...