Legal Opinion

Long v. Rose

Supreme Court of Georgia

Decided March 10, 1909PublishedCited by 10 opinions

Quo warranto. Before Judge Parker. Camden superior court. December 14, 1908. J. M. Long and others made application for leave to file an information in the nature of a quo warranto against D. P. Bose, W. H. Mullin, and J. B. Bachlott, in order to inquire into their right to hold the offices of mayor and aldermen of the City of St. Marys.

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Quo warranto. Before Judge Parker. Camden superior court. December 14, 1908. J. M. Long and others made application for leave to file an information in the nature of a quo warranto against D. P. Bose, W. H. Mullin, and J. B. Bachlott, in order to inquire into their right to hold the offices of mayor and aldermen of the City of St. Marys. Permission being granted -'to file the information, the relators alleged as follows: They are residents, citizens, and taxpayers of St. Marys. Under and by virtue of the charter of that city, on or about the first Monday in April, 1908, the Governor of the…

1Opinion of the CourtAtkinson, J.

At common law there was no inhibition against the holding of more than one office, provided they were not inconsistent with each other. In many of the United States there are constitutional provisions or legislative acts on this subject, limiting the power to hold offices or prohibiting the holding of certain different offices at the same time, or rendering certain persons holding offices of a particular character ineligible to offices of another described character. In this State the Political Code, §223, declares as follows: “The following persons are held and deemed ineligible to hold any…

2Cases cited4 opinions

  1. Waldo v. WallaceIndiana Supreme Court · 1859
  2. State ex rel. Platt v. KirkIndiana Supreme Court · 1873
  3. Howard v. ShoemakerIndiana Supreme Court · 1871
  4. McWilliams v. NealSupreme Court of Georgia · 1908

3Cited by10 opinions

  1. Patten v. MillerSupreme Court of Georgia · 1940
  2. Kirby v. NolteSupreme Court of Missouri · 1942
  3. McLendon v. EverettSupreme Court of Georgia · 1949
  4. Morris v. HartsfieldSupreme Court of Georgia · 1938
  5. Morgan v. CrowSupreme Court of Georgia · 1936

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