Legal Opinion

Sweat v. Barnhill

Supreme Court of Georgia

Decided May 16, 1930No. 7501PublishedCited by 6 opinions

1Opinion of the CourtHill, J.

1. Injunction is not the remedy to test the questions here involved. It appears to be a contest between two sets of county commissioners, as to which set- is entitled to hold said offices and to manage the affairs of the County of Clinch. It is well settled, where the title to an office is involved, that quo warranto, or a petition in the nature of a quo warranto, is the proper remedy, rather than an equitable petition for injunction. Civil Code (1910), § 5451; Coleman v. Glenn, 103 Ga. 458 (2) (30 S. E. 297, 68 Am. St. R. 108); Stanford v. Lynch, 147 Ga. 518 (94 S. E. 1001); McCarthy v.…

2Cases cited3 opinions

  1. Coleman v. GlennSupreme Court of Georgia · 1898
  2. Stanford v. LynchSupreme Court of Georgia · 1918
  3. McCarthy v. McKinneySupreme Court of Georgia · 1911

3Cited by6 opinions

  1. Sutton v. AdamsSupreme Court of Georgia · 1934
  2. Lockard v. WisemanWest Virginia Supreme Court · 1954
  3. Center v. ArpSupreme Court of Georgia · 1944
  4. Martin v. CrawfordSupreme Court of Georgia · 1945
  5. Martin v. RowlandSupreme Court of Georgia · 1933

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