Legal Opinion

Wellborn v. Estes

Supreme Court of Georgia

Decided March 13, 1883PublishedCited by 41 opinions

Constitutional Law. Judges. ' Courts. Before Judge Harris. Hall county. At Chambers: January 27,-1883. Carlton J. Wellborn filed his petition for leave to file an information in the nature of a quo warranto against John B. Estes. The. petition alleged, in brief, as follows: ,On August 8,1881, the legislature passed an act creating the Northeastern Judicial Circuit. On August 11, Well-born was regularly elected judge of the circuit, and was commissioned on the following day.

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Constitutional Law. Judges. ' Courts. Before Judge Harris. Hall county. At Chambers: January 27,-1883. Carlton J. Wellborn filed his petition for leave to file an information in the nature of a quo warranto against John B. Estes. The. petition alleged, in brief, as follows: ,On August 8,1881, the legislature passed an act creating the Northeastern Judicial Circuit. On August 11, Well-born was regularly elected judge of the circuit, and was commissioned on the following day. The commission, which was attached as an exhibit to the. petition, provided that it should “remain in force until the…

1Opinion of the Court

Hall, Justice.

The sole question made in this case is, whether that portion of section 2 of the act of the general assembly of 1881 (p. 112), establishing the Northeastern judicial circuit, in the words following: “ That a judge shall be elected by the general assembly at the present session, to hold office until the next regular election for half the judicial circuits *394already established, and until the time fixed by law, after said election, when the terms of said judges expire,” conforms to that provision of the constitution fixing the term of office at four years, and until his successor is…

2Cases cited2 opinions

  1. Gormley v. TaylorSupreme Court of Georgia · 1871
  2. Holtzclaw v. RussSupreme Court of Georgia · 1872

3Cited by41 opinions

  1. Welborne v. StateSupreme Court of Georgia · 1902
  2. Denton v. Con-Way Southern Express, Inc.Supreme Court of Georgia · 1991
  3. Cooper v. RollinsSupreme Court of Georgia · 1922
  4. Wright v. HirschSupreme Court of Georgia · 1923
  5. Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923

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