174 Ga. 761 | Ga. | 1932
Huddleston and others instituted mandamus proceedings against the Board of Education of DeKalb County, praying that they be required to commission H. H. Huddleston as the duly elected trustee of a named local school district. The petition alleged all necessary facts, his proper election, and certification to the board of education. It also alleged all facts sufficient to show his proper qualification to hold that office, and in addition alleged: “that the said board of education has failed and refused to issue a commission, and has refused to confirm the election of your petitioner; . . that the said refusal of said board of education to issue a commission to the said H. H. Huddleston is a gross abuse of the discretion vested in the board of education.” Defendants demurred to the petition, on the grounds (1) that the allegations are insufficient to constitute a cause of action; (2) that petitioners
It is settled that mandamus will lie against a county board of education to compel them to issue commissions to persons duly elected trustees of a school district in accordance with the provisions of § 120 of “An act to codify the school laws of the State of Georgia” (Ga. Laws 1919, p. 228), when such board improperly refuses to confirm the election of such trustees and to issue to them their commissions. Harrell v. Williams, 154 Ga. 632 (115 S. E. 97); Bryant v. Board of Education of Colquitt County, 156 Ga. 688 (119 S. E. 601). “The right of appeal given in section 13 of the above act exists only when the county board of education has heard and decided some matter of local controversy ■ in reference to the construction or administration of the school law. [Board of Education of Long County v. Board of Education of Liberty County, 173 Ga. 203], and is confined to the parties to such controversy; but is not applicable to a direct proceeding brought against such board to compel the discharge of some official duty.” Bryant v. Board of Education, supra.
The allegations of the petition are accepted as true in considering the demurrer, and they are sufficient to show the election of H. H. Huddleston as a trustee of the local school district, and that he possesses all qualifications required of him as .such trustee. The further allegation that the county board has refused to confirm and commission said Huddleston amounts to an allegation denying that the board has exercised any discretion with which they are invested by law, but, upon the contrary, it avers that they have