Scoville v. Calhoun
Supreme Court of Georgia
Liquor. Laws. Jurisdiction. Elections. Constitutional Law. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 18S5. On December 24,1885, Levi W. Scoville and Charles Beermann petitioned the superior court of Fulton county for a mandamus against W. L. Calhoun, the ordinary of that county, requiring him to receive, hear and decide a • contest presented to him by the petitioners in respect to an election which had been held on November 25, 1885, ¡Under what…
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Liquor. Laws. Jurisdiction. Elections. Constitutional Law. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 18S5. On December 24,1885, Levi W. Scoville and Charles Beermann petitioned the superior court of Fulton county for a mandamus against W. L. Calhoun, the ordinary of that county, requiring him to receive, hear and decide a • contest presented to him by the petitioners in respect to an election which had been held on November 25, 1885, ¡Under what is known as the local option act. The petition for mandamus, as amended, alleged, in brief, as follows; On September…
1Opinion of the Court
Jackson, Chief Justice.
Scoville and Beermann petitioned the superior court for the writ of mandamus against Wm. Lowndes Calhoun, ordinary, commanding him to receive and hear a certain contest made and offered to be filed with him touching the election under the local option act of the last legislature1 *267in respect to the sale of spirituous and other liquors. The mandamus was refused, and error is assigned thereon.
By section IY of the act in question, it is made the duty of the ordinary to “ consolidate the returns and decide all questions and contests arising under elections held by virtue of…
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