Steward v. Peyton
Supreme Court of Georgia
Elections. Ordinary. Fence. Mandamus. Before Judge Richard H. Clark. Dekalb Superior Court. March Term, 1886. Peyton filed his petition for mandamus requiring the ordinary of Dekalb county to declare and proclaim the result of an election, held under §§1449-1455 of the code, known as the stock-law.
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Elections. Ordinary. Fence. Mandamus. Before Judge Richard H. Clark. Dekalb Superior Court. March Term, 1886. Peyton filed his petition for mandamus requiring the ordinary of Dekalb county to declare and proclaim the result of an election, held under §§1449-1455 of the code, known as the stock-law. Attached to the petition as an exhibit was the statement or declaration of the ordinary, which is set out in the decision, and which was charged not to be a legal declaration of the result. The ordinary demurred to the petition; the demurrer was overruled ; and no further answer being made, a…
1Opinion of the Court
Jackson, Chief Justice.
The superior court granted the writ of mandamus, and made it absolute against the ordinary of Dekalb county, directing him to declare the result of an election on fence or stock-law in the 572d district of that county. The only real issue made by the ordinary, who brings the case here, and by assignment.of error makes the point, is that he has declared the result already. He merely states certain votes as being “fence,” others “stock-law” and one “for fence,” thus:
“Upon canvassing the vote of an election held in the 572d district, G. M., on the 11th day of September,…
2Cases cited2 opinions
- Dyson v. PopeSupreme Court of Georgia · 1884
- Tharpe v. HardisonSupreme Court of Georgia · 1882
3Cited by1 opinion
- State ex rel. Benton v. ElderNebraska Supreme Court · 1891