Sibley v. Park

(After stating the foregoing facts.)

We will first consider the case in which' it was sought to require the judge of the superior court to hear the election contest. We refer, of course, to the person or individual who held the office of judge, and not to that officer in his judicial capacity. Carter v. Janes, 96 Ga. 280 (23 S. E. 201); Tupper v. Dart, 104 Ga. 179 (30 S. E. 624); Harris v. Glenn, 141 Ga. 687 (81 S. E. 1103). The case turns upon the question of official duty. Morgan v. Wason, 162 Ga. 360 (4) (133 S. E. 921). If the respondent as a contest officer was not required by law to hear…