State ex rel. Wessolowski v. Gilbert
Supreme Court of Georgia
Quo warranto. County Court. Clerk. Officers. Before Judge Steozer. Dougherty county. At Chambers. July 17th, 1873. Wessolowski, claiming to be ex offieio clerk of the county court, petitioned the judge of the superior court of the Albany Circuit, for the writ of quo warranto, requiring Gilbert to show cause by what authority he was exercising the duties of the office of clerk of the county court of said county, and collecting the fees and emoluments thereof.
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Quo warranto. County Court. Clerk. Officers. Before Judge Steozer. Dougherty county. At Chambers. July 17th, 1873. Wessolowski, claiming to be ex offieio clerk of the county court, petitioned the judge of the superior court of the Albany Circuit, for the writ of quo warranto, requiring Gilbert to show cause by what authority he was exercising the duties of the office of clerk of the county court of said county, and collecting the fees and emoluments thereof. Leave was granted to file the petition, and the writ of quo warranto ordered to be issued. Gilbert answered, substantially, as follows:…
1Opinion of the Court
Trippe, Judge.
1. The act of August 24th, 1872, creating the county court of Dougherty county, provided in the 7th section thereof that the clerk of the superior court of said county shall be ex offiaio clerk of the county court. The 5th section of the act of February 5,1873, amending the former act in' several particulars, enacts that the judge of said county court shall have power and authority to appoint a clerk of said court, whose duties and liabilities shall be the same as now required of the clerk of the superior court, by the act of which this is amendatory, who shall take the oath,…
2Cases cited1 opinion
- Commonwealth ex rel. Hepburn v. MannSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Gray v. McLendonSupreme Court of Georgia · 1910
- Rivers v. HaileySupreme Court of Georgia · 1945
- Wiley v. DouglasSupreme Court of Georgia · 1929