Bowen v. Clifton
Supreme Court of Georgia
Petition for prohibition. Before Judge Lumpkin. Pulton county. June 11, 1898. On November 10, 1897, an election was held in Wilcox county for the purpose of determining whether the county-site should be changed from its present location at Abbeville to Rochelle. The apparent result, as shown by the face of the returns, was 2,128 ballots cast in favor of removal, and 1,323 ballots against it.
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Petition for prohibition. Before Judge Lumpkin. Pulton county. June 11, 1898. On November 10, 1897, an election was held in Wilcox county for the purpose of determining whether the county-site should be changed from its present location at Abbeville to Rochelle. The apparent result, as shown by the face of the returns, was 2,128 ballots cast in favor of removal, and 1,323 ballots against it. Pive days afterward, fifteen persons, who with the secretary of State constitute the defendants to the present petition, filed in the ordinary’s office a notice of a contest of the election, under the act…
1Opinion of the CourtLittle, J.
1. The act’of the General Assembly, approved November 9,. 1897 (Acts 1897, p. 87), which provides for the filing, hearing, and determining of contests in elections held for the removal of county-sites in this State, and which confers upon the secretary of State the power and makes it his duty to hear and determine such contests on evidence previously taken under the terms of the act, is not in conflict with paragraph 23, section 1, article 1 of the constitution, which declares: “The legislative, judicial and executive powers shall forever remain separate and distinct, and no person…
2Cases cited2 opinions
- Carter v. JanesSupreme Court of Georgia · 1895
- Johnson v. JacksonSupreme Court of Georgia · 1896
3Cited by4 opinions
- Mayor of Americus v. PerrySupreme Court of Georgia · 1902
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
- Early County v. Baker CountySupreme Court of Georgia · 1911
- Bachlott v. BuieSupreme Court of Georgia · 1924