McClure v. Shirley

Full title: McCLURE et al. v. SHIRLEY et al

Court: Supreme Court of Georgia

Date published: Jul 15, 1971

183 S.E.2d 385 (Ga. 1971)

227 Ga. 832

Opinion

26602.

ARGUED JULY 12, 1971.

DECIDED JULY 15, 1971. REHEARING DENIED JULY 30, 1971.

Equitable petition. Hall Superior Court. Before Judge Kenyon.

Perry S. Oliver, Palmour Palmour, J. E. Palmour, Jr., for appellants.

Reed Dunn, R. Elliott Dunn, Jr., for appellees.

FELTON, Justice.

Although this appeal is nominally by the two appellants "individually and as members of the Board of Education of Hall County, Georgia," it is from the same declaratory judgment as the appeal in Bd. of Educ. of Hall County v. Shirley, 226 Ga. 770 ( 177 S.E.2d 711) and involves no relief sought or granted against the appellants as individuals. Since a majority of the five-member board was required to initiate an appeal, Code § 102-102 (5); Styles v. Waters, 212 Ga. 644 ( 94 S.E.2d 702), this appeal by less than a majority must be dismissed.

Appeal dismissed. All the Justices concur.

ARGUED JULY 12, 1971 — DECIDED JULY 15, 1971 — REHEARING DENIED JULY 30, 1971.