Phinizy v. Eve
Supreme Court of Georgia
Quo warranto. Before Judge Brinson. Richmond county. January 30, 1899. This was a proceeding instituted for the purpose of preventing the judge of the city court of Richmond county from discharging the duties of commissioner of roads and revenues.
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Quo warranto. Before Judge Brinson. Richmond county. January 30, 1899. This was a proceeding instituted for the purpose of preventing the judge of the city court of Richmond county from discharging the duties of commissioner of roads and revenues. The petitioners alleged that, as such commissioner, he was levying the taxes of the county, and that this was an exercise of legislative power, and therefore violative of paragraph 23 of article. 1 of the constitution of the State (Civil Code, § 5720); and that the act of the legislature which provides that the judge of said court shall be ex…
1Opinion of the CourtLumpkin, P. J.
1. The judge of the city court of Richmond county is, of course, a judicial officer. The forty-first section of the act of September 22, 1881 (Acts 1880-81, p. 582), reads as follows: “The judge of said city court shall be •ex officio' commissioner of roads and revenues for the County •of Richmond, and as such shall discharge all the duties formerly devolved upon the justices of the inferior court as to -county business.” It may, for the purposes of this discussion, be assumed that the General Assembly intended to impose upon this official in his judicial capacity the duties indicated.…
2Cited by13 opinions
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- Mayor of Americus v. PerrySupreme Court of Georgia · 1902
- Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
- Carroll v. WrightSupreme Court of Georgia · 1908
- Lucas v. WoodwardSupreme Court of Georgia · 1978
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