Dyson v. Pope
Supreme Court of Georgia
Ordinary. Pences. Elections. Oounty Matters. Constitutional Law. Before Judge Pottle. Wilkes Superior Court. November Term, 1883. Pope, a land owner in Wilkes county, applied for a mandamus against the ordinary, alleging, in brief, as follows: On July 9,1883, an election for “fence,” or “no fence” was held in said county; on the nest day, the superintendents of election, consisting of a majority from the town district and one from each of the other voting places, met at the…
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Ordinary. Pences. Elections. Oounty Matters. Constitutional Law. Before Judge Pottle. Wilkes Superior Court. November Term, 1883. Pope, a land owner in Wilkes county, applied for a mandamus against the ordinary, alleging, in brief, as follows: On July 9,1883, an election for “fence,” or “no fence” was held in said county; on the nest day, the superintendents of election, consisting of a majority from the town district and one from each of the other voting places, met at the court-house, consolidated the vote, and returned the consolidated returns to the ordinary, which consolidated returns…
1Opinion of the Court
Jackson, Chief Justice.
A mandamus was issued, by order of the superior court, to the ordinary of the county of Wilkes, commanding him to examine and count the returns of an election in that county on the issue of fence or no fence. To the judgment granting that writ the ordinary excepted, and the sole question is, should the mandamus have been issued on the facts disclosed by this record ?
1. There was no application in writing of any sort made to the ordinary. There was some conversation as to what he had done and would do, between the counsel of defendant in error and the ordinary touching…
2Cited by7 opinions
- Woodard v. StateSupreme Court of Georgia · 1898
- Drake v. DrewrySupreme Court of Georgia · 1899
- Smith v. HackettCourt of Appeals of Maryland · 1916
- Heath v. BellamyCourt of Appeals of Georgia · 1914
- Steward v. PeytonSupreme Court of Georgia · 1886
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