Meadows v. Taylor
Supreme Court of Georgia
Certiorari. ' Elections. Fences. Stock-law. Ordinary. Practice. Before Judge Kibbee. Pulaski county. At chambers, December 15, 1888. Petitioners sought, under the code, §§1449-1455, to make the provisions of the stock-law operative in a certain militia district. They were met by a counter-petition ; and a hearing of the issue thus formed was had. before the ordinary, who thereupon ordered an election to be held.
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Certiorari. ' Elections. Fences. Stock-law. Ordinary. Practice. Before Judge Kibbee. Pulaski county. At chambers, December 15, 1888. Petitioners sought, under the code, §§1449-1455, to make the provisions of the stock-law operative in a certain militia district. They were met by a counter-petition ; and a hearing of the issue thus formed was had. before the ordinary, who thereupon ordered an election to be held. A writ of certiorari was applied for and denied, the judge of the superior court holding that there is no provision of law for a counter-petition and hearing where it is sought to…
1Opinion of the Court
Bleckley, Chief Justice.
The judge correctly construed the statutes providing for elections respecting fences and stock-law in and for a single militia district. No provision is made for a counter-petition, or for any contest or hearing before the ordinary. The direction of the legislature to him is to perform certain ministerial acts on certain conditions, and these he is to perform without judicial interference at the instance of any citizen or number of citizens. It may be that if the preliminary conditions are not complied with, his action, and all that may be done in pursuance thereof,…
2Cases cited1 opinion
- Metcalf v. StateSupreme Court of Georgia · 1886
3Cited by6 opinions
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
- Coleman v. Board of EducationSupreme Court of Georgia · 1908
- Hillsman v. HarrisSupreme Court of Georgia · 1890
- Brockett v. MaxwellCourt of Appeals of Georgia · 1946
- Harris v. PerrymanSupreme Court of Georgia · 1898
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