DocketNumber: No. 6910
Citation Numbers: 168 Ga. 301
Judges: Hines
Filed Date: 3/14/1929
Status: Precedential
Modified Date: 1/12/2023
1. An assignment of error which, recites that the defendant objected to certain portions of the affidavits of two named witnesses introduced on tlie hearing of an application for interlocutory injunction, the substance of such portions of said affidavits being set out, on the ground that there was higher and better evidence of the facts embraced in such portions of the affidavits, and pointing out such better anil'' higher evidence, and which assignment of error contains the recital, that'
2. It is true that by the act of August 23, 1905 (Acts 1905, p. 425; 1 Park’s Code, § 1531), it was made the duty of the county boards of education of each county in Georgia to lay off the county into school districts, the lines of which should be clearly and positively defined by boundaries such as creeks, public roads, land lines, district lines, or county lines. Conceding that it is likewise true that where a county is not laid off into school districts as above provided, or where an area of the county is entirely omitted, .and the districts are laid off as if the omitted territory was not a part of the county, such omission is a substantial defect and invalidates the whole proceeding (Tolbert v. Teal, 146 Ga. 644, 92 S. E. 46; Wheeler v. Zorn, 154 Ga. 481, 114 S. E. 577), these facts would not entitle the plaintiffs to a temporary injunction, inasmuch as their right to injunction, if any, depends upon the legal and valid existence of the Oak Ridge School District, which would not be such if the county had not been divided into school districts as required by law. Applying the above ruling, the trial judge did not err in refusing to grant a temporary injunction.
Judgment affirmed.