Whiddon v. Fletcher

Where an election, held to determine whether bonds should be issued for the purpose of building and equipping a sehoolhouse in a local school district, resulted in favor of such issuance, and the bonds were duly validated in accprdance with the terms of the Civil Code (1910), § 445 et seq., a citizen and taxpayer of the district who could have made himself a party to the proceedings to validate the bonds, hut failed to do so, was concluded by the judgment rendered, and could not thereafter enjoin the levy and collection of a tax to pay the interest and principal of the bonds, and their issuance and sale, on the *40ground that there had never been levied in said district as a unit, distinguished from other districts of said county and from the county itself, a local tax for school purposes as provided by the act of 1912 (Acts 1912, p. 176, Park’s Ann. Code, § 1545 (a) ; Thomas v. Blakely, 141 Ga. 488 (81 S. E. 218), and cases there cited. '

Judgment affirmed. All the Justices concur, ecccept Gilbert, J., absent on aeeount of sickness1