Capes v. Morgan

Ingram, Justice.

This appeal is from a final judgment of the Superior Court of Newton County dismissing the plaintiffs petition for declaratory judgment and writ of mandamus. The case arose from a dispute between the plaintiff, an individual member of the Nekton County Board of Commissioners, and the chairman of the board involving the board’s authority to overrule the decisions of the chairman in hiring and firing county employees. We affirm in part and reverse in part.

The adjudicated facts are these: on or about June 25, 1974, between meetings of the board, the chairman fired two employees…