154 Ga. 632 | Ga. | 1922
(After stating the foregoing facts.)
The court did not err in overruling the general demurrer. The petition sets forth the facts showing the regular election of trustees in the Pitts school district and the refusal on the part of the superintendent of schools and the board of education to commission these trustees. The petition is silent as to the order of consolidation combining Pitts school district and the Chauucey school district into one school district. On its face it shows a regular election of trustees, as the statute provides, in a duly established school district, and the regular election of trustees of the school for that district. And those facts appearing, and the allegations in regard to them in the petition being taken as true, the demurrer was properly overruled.
While the petition in this case is not open to attack by general demurrer, as ruled above, it does not follow that upon the case as made by the evidence a mandamus absolute should have been granted. It was agreed at the hearing that the allegations of the petition and the answer should be taken as true; and the evidence set forth above was introduced. Taking the allegations of the answer as true, it appears that the Pitts school district and the Chauncey school district had been combined and consolidated into one district. Section 90 of the code of school laws, contained in
In view of the rulings made above, it is unnecessary to discuss the question as to whether or not the county superintendent and the board of education could be compelled to elect a teacher as prayed. Judg'meni reversed.