Matheson v. Brady

Atkinson, Justice. (After stating the foregoing facts.) In the briefs of both parties, each assumes that the Forest Park High School is a part of the State School System, and accordingly they predicate their contentions that the principal of such school was,- *501 or was not, such an officer as would be subject to the writ of mandamus. By the view we take of this case we do not deem it ■essential to reach that question for determination. The petition merely sets forth that Brady is the Principal of the Forest Park High School. There is no allegation that it is a part of the State School System, either as a county-wide school system, or as an independent school system; and, in the absence of such allegation, there is no official duty alleged. Code, § 64-101; Atlantic Ice & Coal Corp. v. Decatur, 154 Ga. 882 (115 S. E. 912). There is nothing in the petition that designates the Forest Park High School as being a part of the State School System, any more than as a private school. Even though, in fact, it be a part of the State School System, this court could not take judicial cognizance thereof under the Code, § 38-112. Judgment affirmed. All the Justices concur.