Legal Opinion

Ginn v. Linn

Supreme Court of Georgia

Decided May 13, 1889PublishedCited by 7 opinions

Elections. Officers. Governor. Before Judge Milner. Bartow county. At chambers, March 4, 1889. On February 23, 1889, W. W. Ginn filed his petition in which he made the following allegations : On January 2, 1889, he was and still is a citizen and tax-payer of Bartow county, and as such is interested in the office of' tax-collector thereof. On said 2d day of January, there was held in said county an election for county officers, including the office of tax-collector.

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Elections. Officers. Governor. Before Judge Milner. Bartow county. At chambers, March 4, 1889. On February 23, 1889, W. W. Ginn filed his petition in which he made the following allegations : On January 2, 1889, he was and still is a citizen and tax-payer of Bartow county, and as such is interested in the office of' tax-collector thereof. On said 2d day of January, there was held in said county an election for county officers, including the office of tax-collector. Petitioner was then and still is eligible to said office, and was a candidate therefor, and J. B. Linn, J. L. Milhollin, Joseph…

1Opinion of the Court

Bleckley, Chief Justice.

This is a contest over an office—the office of .tax-collector of Bartow county. Apparently there is very little doubt that Ginn was elected and Linn defeated; but the commission issued to Linn; and as the matter in controversy relates to something that the governor was competent to decide upon the face of the returns, we think the case is controlled by Corbitt v. McDaniel, 77 Ga. 544. Here, it is true, the returns are alleged to have been incomplete, an important omission having been made in sending them up to the capital; but we are to regard the state of the returns…

2Cases cited1 opinion

  1. Corbitt v. McDaniel ex rel. CorneliusSupreme Court of Georgia · 1887

3Cited by7 opinions

  1. Cutts v. ScandrettSupreme Court of Georgia · 1899
  2. McCants v. LayfieldSupreme Court of Georgia · 1919
  3. Bennett v. Public Service CommissionSupreme Court of Georgia · 1925
  4. Alexander v. RyanSupreme Court of Georgia · 1947
  5. State v. LabordeSupreme Court of Louisiana · 1907

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