McWilliams v. Neal
Supreme Court of Georgia
Quo warranto. Before Judge Beagan. Henry superior court-November 27, 1907. H. B. Neal and others, relators, made application to the judge-of the superior court of Henry county for leave to file an information in the nature of a quo warranto against McWilliams, the respondent, praying that an order be granted ousting the respondent from the office of member of the board of education of Henry county, and that said office be declared vacant.
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Quo warranto. Before Judge Beagan. Henry superior court-November 27, 1907. H. B. Neal and others, relators, made application to the judge-of the superior court of Henry county for leave to file an information in the nature of a quo warranto against McWilliams, the respondent, praying that an order be granted ousting the respondent from the office of member of the board of education of Henry county, and that said office be declared vacant. The information, as prayed in the application, was ordered filed, and the relators entered their petition, which alleges the following: that said respondent…
1Opinion of the CourtBeck, J.
(After' stating'the facts.) Under the views which we entertain upon the controlling question in this case, it is unnecessary for us to decide whether the office from which the respondent in the quo warranto proceedings was ousted was a State or county office. Counsel for the defendants in error insist that at the time of McWilliams’ election to the legislature he was a public officer of the State, and that such an office was incompatible, under the constitution and the laws of this State, with membership in the General Assembly. Without determining whether he was an officer of the State as…
2Cited by10 opinions
- Sheffield v. State School Bldg. AuthoritySupreme Court of Georgia · 1952
- Hetrich v. County CommissionersCourt of Appeals of Maryland · 1960
- Patten v. MillerSupreme Court of Georgia · 1940
- McLendon v. EverettSupreme Court of Georgia · 1949
- Long v. RoseSupreme Court of Georgia · 1909
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