168 Ga. 697 | Ga. | 1929
William Rabinowitz cashed 31 vouchers issued by the county board of education of Bacon Countjf to teachers therein for compensation. According to stipulation, he presented them for payment at the Alma State'Bank, which refused payment; he also presented them to the county treasurer and to the county board of commissioners for payment, which was refused. ILe then brought mandamus against said commissioners, to compel them "to issue proper voucher or vouchers on the present treasurer of said county, or the person having custody of its funds, for the payment of said school claims issued, as aforesaid, by said county board of
The commissioners demurred generally and specially. In their general demurrer they contended that the board of education is not an agent of the county, but a distinct body responsible for its own debts, and expressly limited by law to the creation of debts within only what has been appropriated to said board for each current fiscal year, and that any debt made or order for payment of any debt made in excess of its current appropriation is wholly void; that there is no lawful warrant for the commissioners to levy any tax for educational purposes or to pay educational debts in excess of five mills on the dollar; that the petition failed to allege that defendants had been asked to levy any additional tax, or that an election for any additional tax had been asked; that the petition showed that the debts were accumulated debts for which the law did not provide any tax levy. The court sustained this demurrer and dismissed the petition; and the petitioner excepted.
The court did not err in sustaining the demurrer. Article 8, section 4, paragraph 1, of the constitution of Georgia, as amended in 1919 (Ga. L. 1919, p. 66), invests county boards of education with power and authority to recommend to the commissioners of roads
Judgment affirmed.