Summerour v. Cartrett

Quillian, Justice.

The bill of exceptions in the case sub judice raises the question of whether the trial judge erred in overruling a general demurrer to a petition for quo warranto, which sought that the office of Mayor of Dawsonville be declared vacant. The petition alleged that the respondent was acting in the capacity of mayor of the city without authority since he had been convicted of the crime of larceny after trust. Attached as an exhibit to the petition was a copy of the jury verdict finding the respondent guilty under an indictment for larceny after trust; however, no copy of the…