Stanford v. Lynch
Supreme Court of Georgia
Equitable petition. Before Judge Howard. Harris superior court. May 28, 1917. J. H. Lynch, and others, as citizens and taxpayers of Harris county, filed an equitable petition against L. W. Stanford and J. C. Blanton, as members of the board of education of the county.
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Equitable petition. Before Judge Howard. Harris superior court. May 28, 1917. J. H. Lynch, and others, as citizens and taxpayers of Harris county, filed an equitable petition against L. W. Stanford and J. C. Blanton, as members of the board of education of the county. The prayers were, that the offices of the defendants be declared vacant; that two qualified citizens be appointed to fill the vacancies; and that the defendants be enjoined from serving or attempting to serve as members of the board of education. A .temporary restraining order was granted. The defendants filed their demurrers to…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1. “The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging, but must be granted at the suit of some person either claiming the office or interested therein.” Civil Code (1910), § 5451. A member of a county board of education is a county officer. Cooper v. State, 101 Ga. 783 (29 S. E. 22); Coleman v. Glenn, 103 Ga. 458, 459 (30 S. E. 297, 68 Am. St. R. 108); Worthy v. Cheatham, 142 Ga. 440 (83 S. E. 113). Any citizen and taxpayer of the county has such an interest in such…
2Cases cited9 opinions
- Coleman v. GlennSupreme Court of Georgia · 1898
- Davis v. City CouncilSupreme Court of Georgia · 1893
- Tupper v. DartSupreme Court of Georgia · 1898
- Worthy v. CheathamSupreme Court of Georgia · 1914
- State ex rel. Hartford v. CraigIndiana Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Patten v. MillerSupreme Court of Georgia · 1940
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Talmadge v. CordellSupreme Court of Georgia · 1928
- Hornady v. GoodmanSupreme Court of Georgia · 1928
- Employees Retirement System v. LewisCourt of Appeals of Georgia · 1964
23 more not listed; retrieve them via the Exa API.