Legal Opinion

McCants v. Layfield

Supreme Court of Georgia

Decided July 16, 1919No. 1294PublishedCited by 24 opinions

Mandamus. Before Judge Howard. Taylor superior court. December 24, 1918. The General Assembly of Georgia, by an act approved July 31, 1918, repealed a former act (Acts 1916, p. 504) approved August 17,1916, abolishing the office of county treasurer of Taylor County.

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Mandamus. Before Judge Howard. Taylor superior court. December 24, 1918. The General Assembly of Georgia, by an act approved July 31, 1918, repealed a former act (Acts 1916, p. 504) approved August 17,1916, abolishing the office of county treasurer of Taylor County. The second section of tlio act of 1918 provided “that T. F. Lay-field be and be is hereby named treasurer of Taylor County, to hold said office of treasurer until the next general election of county officers, upon his making sucb bond as required of county treasurer under the general law of Georgia.” A commission was issued to T.…

1Opinion of the CourtGilbert, J.

1. Section 2 of the act- of the General Assembly approved July 31, 1918 (Acts 1918,.p. 505), is unconstitutional and inoperative, because it is in conflict with art. 1, sec. 4, par. 1, of the constitution (Civil Code, § 6391), which provides: “Laws of a general nature shall have uniform operation' throughout the State, and no special law shall be enacted in any ease for which provision has been made by an existing general law.” When the act of 1918 was approved there were valid laws of general nature, of uniform operation throughout the State, providing for the election of county treasurers…

2Cases cited16 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Mayor of Americus v. PerrySupreme Court of Georgia · 1902
  3. State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
  4. State ex rel. New Orleans Canal & Banking Co. v. HeardSupreme Court of Louisiana · 1895
  5. Payne v. StauntonWest Virginia Supreme Court · 1904

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3Cited by24 opinions

  1. Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
  2. Franklin v. HarperSupreme Court of Georgia · 1949
  3. Patten v. MillerSupreme Court of Georgia · 1940
  4. Busbee v. University ProfessorsSupreme Court of Georgia · 1975
  5. Cheatham v. PalmerSupreme Court of Georgia · 1933

19 more not listed; retrieve them via the Exa API.

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