State ex rel. Hardwick v. Swearingen
Supreme Court of Georgia
Petition, in Macon Superior Court, for a “ quo warranto.^ Heard and decided by Judge Powers. March Term, 1852. Tbis was an application filed by the plaintiff in error, against the defendant in error, for an information in the nature of a writ of quo warranto, to show by what authority the defendant holds and exercises the office of Clerk and Treasurer of the City of Oglethorpe.
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Petition, in Macon Superior Court, for a “ quo warranto.^ Heard and decided by Judge Powers. March Term, 1852. Tbis was an application filed by the plaintiff in error, against the defendant in error, for an information in the nature of a writ of quo warranto, to show by what authority the defendant holds and exercises the office of Clerk and Treasurer of the City of Oglethorpe. Judge Powers granted the order prayed for, and Thomas A. Swearingen, at the same Term of the Court, files his answer. The facts are as follows: On the third Saturday in February, 1852, an election was held in the City…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was a petition for an information in form of a quo warranto 7 filed in behalf of William W. Hardwick, against Thomas A. Swearingen, charging him with wrongfully holding and exercising the offices of Clerk and Treasurer of the City of Oglethorpe, in the County of Macon, of this State ; and keeping out the said William W. who it is alleged is entitled to the said offices.
[1.] The gravamen of the complaint is, that Swearingen was not a corporator and resident within the City, either at the time-of his election or qualification ; and the…
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