Ross v. Williamson
Supreme Court of Georgia
Quo Warranto. Officer’s books, etc. Before Judge Schley. Chatham county. March, 1871. Williamson averred that, in December, 1870, he was duly elected treasurer of said county, had been commissioned by the Governor as such treasurer, and qualified by taking the oath, and giving the bond required by law, yet Eoss, his predecessor, refused to deliver him the books, etc., of the office. He prayed that Eoss show cause why he should not be compelled to deliver the books, etc.
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Quo Warranto. Officer’s books, etc. Before Judge Schley. Chatham county. March, 1871. Williamson averred that, in December, 1870, he was duly elected treasurer of said county, had been commissioned by the Governor as such treasurer, and qualified by taking the oath, and giving the bond required by law, yet Eoss, his predecessor, refused to deliver him the books, etc., of the office. He prayed that Eoss show cause why he should not be compelled to deliver the books, etc. Ross demurred to this petition, upon the ground, that it did not aver that, at the date of said election, Williamson was…
1Opinion of the Court
McCay, Judge.
1. This is a proceeding, under sections 161,166 of the Revised Code, to require the delivery of the books and papers of an office to a newly elected and commissioned officer, by the former incumbent. It is not intended as a mode of trying the right of either party to the office. That, by the long established practice of the country, is by writ of quo warranto. These provisions of the Code look solely to the retention of the books, papers, and other property of an office, by an incumbent against the newly elected and commissioned officer.
The first section declares that when any…
2Cited by12 opinions
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
- Tappy v. State ex rel. ErvinSupreme Court of Florida · 1955
- Duffy v. State ex rel. EdsonNebraska Supreme Court · 1900
- Hardin v. ColquittSupreme Court of Georgia · 1879
- Robert v. SteedSupreme Court of Georgia · 1950
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