Legal Opinion

Lentz v. City Council of Augusta

Court of Appeals of Georgia

Decided February 17, 1934No. 23095PublishedCited by 19 opinions

1Opinion of the CourtJenkins, P. J.

1. “Where the tenure of an office is not prescribed by law, the power to remove is an incident to the power to appoint. In such case, the appointee holds at the pleasure of the appointing power, although it attempts to fix a definite term; and no formalities such as the preferring of charges or the granting of a hearing to the incumbent are necessary to the lawful exercise of the authority of removal.” Wright v. Gamble, 136 Ga. 376 (71 S. E. 795, 35 L. R. A. (N. S.) 866, notes, Ann. Cas. 1912C, 372). In the case of a public office established by law with a prescribed tenure, the rule as to…

2Cases cited3 opinions

  1. Bradford v. Justices of Inferior CourtSupreme Court of Georgia · 1862
  2. Wright v. GambleSupreme Court of Georgia · 1911
  3. Burney v. Mayor of BostonCourt of Appeals of Georgia · 1919

3Cited by19 opinions

  1. Dixon v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 2000
  2. Gary W. Ogletree v. L. O. Chester, Chief of Police, Etc.Court of Appeals for the Eleventh Circuit · 1982
  3. National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
  4. Alvey v. BrighamCourt of Appeals of Kentucky (pre-1976) · 1940
  5. Barnes v. MendonsaCourt of Appeals of Georgia · 1964

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