Hall v. Burks
Supreme Court of Georgia
Quo warranto.' Before Judge Bower. Dougherty county. March 14, 1895. Hall presented his petition for leave to file an information in the nature of a quo warranto against Burks, to inquire into his right aud title to the office of county treasurer of Dougherty county. The petition was refused, and plaintiff excepted.
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Quo warranto.' Before Judge Bower. Dougherty county. March 14, 1895. Hall presented his petition for leave to file an information in the nature of a quo warranto against Burks, to inquire into his right aud title to the office of county treasurer of Dougherty county. The petition was refused, and plaintiff excepted. He alleged, that on January 2, 1895, an election was held in said county for county officers, at which he was a candidate for the office of county treasurer, and was elected by a majority of the votes cast for that office; that Burks was not a candidate for that office, and…
1Opinion of the Court
Lumpkin, Justice.
In 1876 the General Assembly passed an act having the following title: “An act consolidating the offices of clerk of the superior court of Dougherty county, .also the treasurer of Dougherty county, and fixing the pay of same.” Acts of 1876, p. 325. Construing the word “consolidating,” as used in the title, in connection with the body of the act, we think the General Assem*624bly simply intended, that the duties of the treasurer should be devolved upon the person who was clerk of the superior court, thereby making him ex oficio treasurer. In this sense alone was any consolidation…
2Cases cited1 opinion
- Massenburg v. CommissionersSupreme Court of Georgia · 1895
3Cited by3 opinions
- Morris v. GloverSupreme Court of Georgia · 1905
- Kelly v. KaneCalifornia Court of Appeal · 1939
- Hall v. TarverSupreme Court of Georgia · 1907