115 Ga. 915 | Ga. | 1902
An election was held in the town of Senoia to determine whether the assent of two thirds of the qualified voters could be obtained to an issuance of bonds by that municipality. 133 votes were cast, 85 for and 48 against bonds. From the tally-■sheets of the last general election held in the town, preceding the bond election, it appeared that 120 persons had voted. Upon an .application to the judge of the superior court to validate the bonds, under the act of 1897 (Acts 1897, p. 82), an order was passed declaring the bonds valid, over the objection of certain citizens that the assent of two thirds of the qualified voters had not been obtained. The constitution declares that a municipal corporation shall not incur a debt of the character sought to be incurred in the present case, “ without the assent of two thirds of the qualified voters thereof, at an election for that purpose, to be held as may be prescribed by law.” Civil Code, § 5893. The General Assem
The judge erred in entering an order validating the bonds.
Judgment reversed.