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Call Now: 904-383-7448Within 20 days from the date on which the petition of the holder of any bond or bonds is presented to the district attorney or to the Attorney General such officer shall prepare and file, in the office of the clerk of the superior court of the county which issued the bonds or in the county in which the municipality or political subdivision which issued the bonds is located, a petition directed to the superior court of the county, in the name of the state and against the county, municipality, or political subdivision issuing the bonds, setting forth all the facts stated in the petition presented to him as provided in Code Section 36-82-42, the name of the county, municipality, or political subdivision which issued the bonds, the amount of bonds issued, for what purpose they were issued, a full description of the bonds, the authority under which they were issued, and the number of outstanding bonds. He shall obtain from the judge of the superior court of the county an order requiring the county, municipality, or political subdivision to show cause, by the proper officer or officers, at such time and place within 20 days from the filing of the petition as the judge of the court may direct, why the bonds described in the petition should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The officer or officers of the county, municipality, or political subdivision shall make sworn answer to the petition within the time prescribed.
(Ga. L. 1908, p. 72, § 4; Civil Code 1910, § 456; Code 1933, § 87-404.)
- When 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 (now district attorney) fixed the place of hearing at a point in another county, giving notice of the time and place of hearing, the court was without jurisdiction to pass judgment validating the bonds, and a judgment validating the bonds was a mere nullity. Tyson v. McIntosh County, 147 Ga. 233, 93 S.E. 407 (1917).
- When a petition to validate bonds to be issued by a county board of education is filed by the solicitor general (now district attorney), it is not necessary that the answer to such petition by the board of education, required by this section, be sworn to by each member of the board, but the affidavit of one member of the board is sufficient. King v. County Bd. of Educ., 42 Ga. App. 563, 156 S.E. 710 (1931), aff'd by operation of law, 174 Ga. 685, 164 S.E. 52 (1932) (see O.C.G.A. § 36-82-43).
Cited in King v. County Bd. of Educ., 174 Ga. 685, 164 S.E. 52 (1932).
- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 358, 360, 379, 380.
No results found for Georgia Code 36-82-43.