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BENTLEY et al. v. CROW, Mayor, et al.
19096.
DUCKWORTH, Chief Justice.
Mandamus. Before Judge Kelley, presiding. Habersham Superior Court. June 29, 1955.
Whether or not in a mandamus proceeding by taxpayers the collateral issues as to the rights of the city to have the property reconveyed or the entire transaction declared to be void and ultra vires can be raised, it is unnecessary to determine this question, since neither the civic club to which the property was conveyed, nor the loan company which has the absolute title to the property, were named as parties, and the grant of the writ would be fruitless since an adjudication of the above questions would still be necessary to determine whether or not the city officials have a clear and legal right to have the property reconveyed to the city. See Code 64-101, 64-106; Walton v. Booth, 151 Ga. 452 (2) (107 S. E. 63); Smith v. Hodgson, 129 Ga. 494 (59 S. E. 272); Pierce v. Rhodes, 208 Ga. 554 (67 S. E. 2d 771), and cases cited therein. It follows that the court did not err in sustaining the general demurrer and dismissing the petition as amended.
Herbert B. Kimzey, Kimzey & Kimzey, contra.
R. C. Scott, for plaintiffs in error.
SUBMITTED SEPTEMBER 14, 1955 -- DECIDED OCTOBER 13, 1955 -- REHEARING DENIED NOVEMBER 16, 1955.
Saturday May 23 02:48 EDT


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