153 Ga. 690 | Ga. | 1922
On July 2d, 1921, John S. Wood as solicitor-general of the Blue Ridge Circuit, in behalf of the State of Georgia, instituted an action in the superior court of Cherokee County, against the Ball Ground School District and the members of the board of trustees for such school district, to validate a proposed issue of bonds for the purpose of erecting a schoolhouse, on the basis of an election by the voters of the district, held October
On account of the decision of this court in Davis v. Orland Consolidated School District, 152 Ga. 76 (108 S. E. 466), decided since the rendition of the judgment complained of, the assignments of error based on alleged unconstitutionality of the provisions of the statute under which the election was held were expressly abandoned in the brief of counsel for plaintiffs in error.
(a) The qualification of electors and regulations with respect to registration of voters being as indicated above, although a person’s name may appear on the registration list he is not a qualified voter if he has not taken the oath required by law, or if his name was entered on the registration list by some person without authority to make the entry. Chapman v. Sumner Consolidated School District, 152 Ga. 450 (109 S. E. 129).
(h) The case of Cole v. McClendon, 109 Ga. 183 (34 S. E. 384), was decided prior to the amendment to the constitution quoted above in part, which adds, among others, those qualifications quoted above to qualifications of electors theretofore existing.
(c) Accordingly the allegations of paragraphs six and seven of the intervention were sufficient to allege that the votes cast by the persons therein named and referred to were illegal and should not have been received by the managers or counted in ascertaining the result.
Judgment reversed.