147 Ga. 233 | Ga. | 1917
1. Where an election was held to determine whether bonds should be issued by a county for certain specified purposes, and after due notice the election was regularly and properly held, resulting in favor of the issuance of the bonds for the specified amount; and where the judge of the superior court of the county in which the bonds were to be issued, upon a petition filed by the solicitor-general of the circuit, as provided in the Civil Code, § 456, relating to the filing of a petition for the validation of bonds, fixed the place of hearing at a point in an-' other county, giving notice of the time and place of the hearing, the court was without jurisdiction to pass a judgment validating the bonds, and a judgment .validating- them was a mere nullity, the lack of jurisdiction not having been waived, even if that could be done.
2. The other questions raised in this case.as to the judgment of validation are controlled, adversely to the plaintiff in error, by the rulings in the case of Farmer v. Thomson, 133 Ga. 94 (65 S. E. 180).
3. But the court did not err in refusing to enjoin the issuance and sale of the bonds; for, although the proceedings to validate the bonds referred