McDonough v. Bacon
Supreme Court of Georgia
Application for quo warranto. Before Judge Charlton. Chat-ham superior court. July 8, 1914. John J. McDonough and W. W. Aimar, alleging that they were citizens and taxpayers of Chatham county, presented to the judge of the superior court an application for leave to file a petition in the nature of a writ of quo warranto against Oliver T. Bacon and others, ‘constituting the board of commissioners of Chatham county.
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Application for quo warranto. Before Judge Charlton. Chat-ham superior court. July 8, 1914. John J. McDonough and W. W. Aimar, alleging that they were citizens and taxpayers of Chatham county, presented to the judge of the superior court an application for leave to file a petition in the nature of a writ of quo warranto against Oliver T. Bacon and others, ‘constituting the board of commissioners of Chatham county. The application was accompanied by an information which contained three counts, in each of which it was alleged that the commissioners had forfeited their office, and prayed that…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) We are of the opinion that the court correctly held that the petitioners, the plaintiffs in error here, were not entitled, upon the petition presented, to leave to file an information in the nature of a writ of quo warranto against the defendants. Section 5451 of the Civil Code reads: “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.” But the writ of quo warranto is…
2Cases cited1 opinion
- Dart v. HoustonSupreme Court of Georgia · 1857
3Cited by10 opinions
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