State Highway Department v. Smith

Quillian, Judge.

The appellant contends that the trial judge erred in overruling its motion to disqualify Honorable Kenneth E. Goolsby as counsel for the condemnee because he was Solicitor General of the Toombs Judicial Circuit. The appellant argues that under Article VI, Section XI, Paragraph H (Code Ann. § 2-4602) of the Constitution of the State of Georgia the solicitor general has a constitutional mandate and duty to represent the State of Georgia in all cases in the superior courts. With this contention we cannot agree. In Malcolm v. Webb, 211 Ga. 449, 453 (86 SE2d 489), it was held: “The…