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2018 Georgia Code 36-82-25 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 2 VALIDATION OF BONDS

36-82-25. Entry of reference to judgment of validation on bonds; use of entry as evidence.

Bonds issued under this part shall have stamped or written thereon, by the proper officers of the county, municipality, or political subdivision issuing the bonds or their agents or servants, the words "Validated and confirmed by judgment of the superior court," along with the date when the judgment was rendered and the court in which it was rendered, which entry shall be signed by the clerk of the superior court in which the judgment was rendered. Such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this state.

(Ga. L. 1897, p. 82, § 5; Civil Code 1910, § 449; Code 1933, § 87-306.)

JUDICIAL DECISIONS

Statutes do not require any particular form or any specific statement in bonds issued by any county. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954).

No mandamus to certify instrument not in conformity.

- It is the duty of the clerk of the superior court to sign a validation certificate and attach the seal of the clerk's office to all county bonds regularly validated. The law contemplates, however, that a certification by the clerk shall speak the truth, and the clerk may not be required by a mandamus, or otherwise, to certify an instrument that does not conform to the records in the clerk's office. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954).

RESEARCH REFERENCES

C.J.S.

- 64A C.J.S., Municipal Corporations, § 2168.

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