Zorn v. Walker

• Citation: 56 S.E.2d 511,206 Ga. 181
• Decision Date: 16 November 1949
• Docket Number: 16868.
• Parties: ZORN v. WALKER et al.
• Court: Georgia Supreme Court

56 S.E.2d 511

206 Ga. 181

ZORN v. WALKER et al.

No. 16868.

Supreme Court of Georgia

November 16, 1949

R. L. Dawson, Ludowici, C. L. Cowart, Glennville for plaintiff in error.

Engene Cook, Atty. Gen., M. H. Peabody Asst. Atty. Gen., Frank H Edwards, Atlanta, J. T. Grice, Glennville, T. L. Howard, Jr. Glennville, for defendants in error.

Syllabus Opinion by the Court

HAWKINS Justice.

1. While a justice of the peace is such an elective officer of the State, Long v. State, 127 Ga. 285, 56 S.E. 424 as would render him ineligible under the provisions of the Code Ann.Supp. § 99-503, for appointment by the constituted fiscal or financial agents of a county as a member of the county board of public welfare, yet, notwithstanding such ineligibility, if he be appointed as a member of the county board of public welfare and acts as such, he is, while so acting, a member of the county board of public welfare de facto, and the official acts of the board wherein he participates are valid, and cannot be collaterally attacked upon the ground that such person was incompetent to hold such office. Wright v. State, 124 Ga. 84, 52 S.E. 146; Tarpley v. Carr, 204 Ga. 721, 51 S.E.2d 638.

2. Code Ann.Supp. §§ 40-2207 and 40-2208, and Rule 14.402 on page 28, of the Rules and Regulations of the State Personnel Board, provide that any employee under the merit system, who is dismissed, shall have the right of appeal under the rules and regulations prescribed by the Merit System Council, and that the Personnel Board, within three days after the hearing on such an appeal, shall make its decision in writing to the appointing authority, which shall be final; and a decision rendered by the State Personnel Board under the provisions thereof is not null and void as being violative of the due-process clauses of the State and Federal Constitutions. Rule 14.401, page 28, of the Rules and Regulations of the State Personnel Board, provides: 'A permanent employee who is dismissed, * * * shall have the right to appeal to the board not later than fifteen days after the effective date of the dismissal * * * Such appeal shall be in writing and transmitted to the director, who shall arrange a formal hearing before the board at the next regular monthly meeting or within thirty days after receipt of the appeal. The director shall furnish the board and the department heads with a copy of the appeal ten days in advance of the hearing. Both the employee and the...