Legal Opinion

Johnson v. Jackson

Supreme Court of Georgia

Decided May 4, 1896PublishedCited by 13 opinions

Equitable petition. Before Judge Hutchins. Oconee superior court. June 13, 1895. To the petition of J. W. Johnson against A. 0. Jackson a demurrer was interposed, and was sustained.

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Equitable petition. Before Judge Hutchins. Oconee superior court. June 13, 1895. To the petition of J. W. Johnson against A. 0. Jackson a demurrer was interposed, and was sustained. The petition alleges, that at an election duly and legally held for tax-collector and other county officers of Oconee county on the first Wednesday in January, 1895, Johnson was elected tax-collector, has entered upon the discharge of the duties of that office and is enjoying the fees and emoluments thereof; that upon a consolidation of the votes cast at said election, as required by law, he received, as shown by…

1Opinion of the Court

Atkinson, Justice.

The act of 1893, which provides for the filing, hearing and determining of contests in contested elections in this State, and for other purposes, was designed to create, and did create a special tribunal for the purpose of determining that class of controversies. The judge of the superior court is designated as the officer who shall preside in that tribunal. The particular duty devolving upon him by the terms of that act was one of those which theretofore be*391longed to the executive department of the government, and, whether properly or not, was required to be exercised by the…

2Cited by13 opinions

  1. Mayor of Americus v. PerrySupreme Court of Georgia · 1902
  2. Carroll v. WrightSupreme Court of Georgia · 1908
  3. Webb v. HicksSupreme Court of Georgia · 1903
  4. Felton v. BennettSupreme Court of Georgia · 1927
  5. Griffin v. TrappSupreme Court of Georgia · 1949

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