FULTON COUNTY EMPLOYEES PENSION BOARD v. ASKEA

36483.

95 Ga. App. 77 (1957)

97 S.E.2d 389

FULTON COUNTY EMPLOYEES PENSION BOARD et al. v. ASKEA.

Court of Appeals of Georgia.

Rehearing Denied February 6, 1957.


Attorney(s) appearing for the Case

Harold Sheats, Martin H. Peabody, for plaintiffs in error.

John L. Westmoreland, John L. Westmoreland, Jr., Claude R. Ross, contra.


TOWNSEND, J.

1. Where a legislative act is plain, unambiguous and positive, and not capable of two constructions, the act must be taken to mean what it says, and judicial interpretation is forbidden. Board of Tax Assessors of Decatur County v. Catledge, 173 Ga. 656 (160 S. E. 909); Floyd County v. Salmon, 151 Ga. 313 (106 S. E. 280); Gazan v. Heery, 183 Ga. 30 (1) (187 S. E. 371, 106 A. L. R. 498).

2. A provision of...

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