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2018 Georgia Code 36-82-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-82-22 Case Law from Google Scholar Amendments to OCGA 36-82-22

TITLE 36 LOCAL GOVERNMENT

Chapter 82 information not found

ARTICLE 2 VALIDATION OF BONDS

36-82-22. Notice of superior court hearing on show cause order.

Prior to the hearing provided for in Code Section 36-82-21, the clerk of the superior court of the county in which the hearing is to be held shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear.

(Ga. L. 1897, p. 82, § 6; Civil Code 1910, § 450; Code 1933, § 87-303; Ga. L. 1966, p. 76, § 1.)

JUDICIAL DECISIONS

Object of publication is to inform citizens, whose interests are to be affected, of the time when the case is set to be heard. Wimberly v. County of Twiggs, 116 Ga. 50, 42 S.E. 478 (1902).

Substantial compliance with notice sufficient.

- Substantial compliance with the provision as to notice is sufficient, and when notice specified "Town of Louisville" instead of City of Louisville this was sufficient. Rhodes v. City of Louisville, 121 Ga. 551, 49 S.E. 681 (1904).

By what clerk notice published.

- Injunction will not be granted when notice is published by the clerk of the court where the municipality is situated, on the ground that the clerk of another county where order nisi was made returnable should have published the notice. Farmer v. Mayor of Thomson, 133 Ga. 94, 65 S.E. 180 (1909).

Effect of continuance.

- When it appears that the case was regularly continued by the court from the day named in the publication to the day on which the hearing was had, the fact that the hearing was on a day other than that named in the publication does not make the judgment illegal. Wimberly v. County of Twiggs, 116 Ga. 50, 42 S.E. 478 (1902); Oliver v. City of Elberton, 124 Ga. 64, 52 S.E. 15 (1905); Crawley v. State, 150 Ga. 86, 102 S.E. 898 (1920).

This section does not require teste. Lilly v. Crisp County Sch. Sys., 117 Ga. App. 868, 162 S.E.2d 456 (1968) (see O.C.G.A. § 36-82-21).

Proper date to present objection to validation.

- When a judge fixed a certain date as the day for the hearing on the question of validating a proposed bond issue, and for providential reasons failed to hold court on that day but recessed it until four days later, and upon calling the case on this date a qualified objector presented an objection, it was error to refuse to allow such otherwise qualified objector to present such objections merely because the objector had not presented the objections on the date originally fixed for the hearing. Horton v. Downs Consol. Sch. Dist., 59 Ga. App. 77, 200 S.E. 469 (1938) (decided under former Code 1933, § 87-302).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 357.

ALR.

- Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.

No results found for Georgia Code 36-82-22.