Bradford v. Justices of Inferior Court
Supreme Court of Georgia
Mandamus, in Muscogee Superior Court. Decision by Judge Worrill. Tbe plaintiff in error, as relator, in the name of the State of Georgia, made his petition, verified by affidavit, to the presiding Judge of the Chattahoochee Circuit, Hon. E. H. Worrill, setting forth that on the first Wednesday in January, 1862, at the general election held on that day, in the county of Muscogee, he had received a majority of the votes polled for the office of County Treasurer, and that on…
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Mandamus, in Muscogee Superior Court. Decision by Judge Worrill. Tbe plaintiff in error, as relator, in the name of the State of Georgia, made his petition, verified by affidavit, to the presiding Judge of the Chattahoochee Circuit, Hon. E. H. Worrill, setting forth that on the first Wednesday in January, 1862, at the general election held on that day, in the county of Muscogee, he had received a majority of the votes polled for the office of County Treasurer, and that on the first Monday in February thereafter he appeared before the Inferior Court of said county, Robert M. Gunby, Benjamin F.…
1Opinion of the Court
By the Court. —
Jenkins, J., delivering the opinion.
The respondents, in the Court below, placed their defense upon two grounds: 1st, That the relator had not been legally elected to the office to which he sought admission. 2ndly, That if legally elected, there being an incumbent, he had mistaken his remedy.
The first ground is the more important inasmuch as it goes to the merits of the relator’s case. Originally, all County Treasurers received their appointments from the Justices of the Inferior Courts of the several counties; and so they are still appointed in many, probably in a majority of…
2Cited by36 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- State v. SpauldingSupreme Court of Iowa · 1897
- Lacey v. StateAlabama Court of Appeals · 1915
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