Collins v. Huff
Supreme Court of Georgia
Quo warranto. Pleadings. Elections. Before Judge Simmons. Bibb County. At Chambers. September 6,1879. Collins petitioned for the writ of quo warra/nto against Huff, the acting mayor of Macon. He alleged that on December 14,1878, an election for that position took place; that he received a majority of the legal votes, and that Huff’s election was not legal. This charge of illegality was based on three grounds: 1. That illegal votes were cast for ITuff.
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Quo warranto. Pleadings. Elections. Before Judge Simmons. Bibb County. At Chambers. September 6,1879. Collins petitioned for the writ of quo warra/nto against Huff, the acting mayor of Macon. He alleged that on December 14,1878, an election for that position took place; that he received a majority of the legal votes, and that Huff’s election was not legal. This charge of illegality was based on three grounds: 1. That illegal votes were cast for ITuff. Ten classes of illegal votes were mentioned — by persons living outside of the city, by minors, etc. — and the aggregate was stated at two…
1Opinion of the Court
Jackson, Justice.
1. The application for leave to file the quo wananto rests purely upon the title of Collins to the office of mayor of Macon by virtue of the election the legality of which he attacks. He shows no interest in the office as a citizen or otherwise on the face of the application. His prayer is that Huff, filling an office to which he is entitled, be ejected, and that he, Collins, be installed ; and his allegation is that he is entitled because he was elected at the election held on *209the 14th of December, 1878, and in the same paper it appears that Huff had been the prior…
2Cases cited6 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People v. CookNew York Supreme Court · 1852
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- Hussey v. GallagherSupreme Court of Georgia · 1878
- Stone v. WetmoreSupreme Court of Georgia · 1871
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3Cited by16 opinions
- Crovatt v. MasonSupreme Court of Georgia · 1897
- Chamlee v. DavisSupreme Court of Georgia · 1902
- Smith v. BohlerSupreme Court of Georgia · 1884
- Jossey v. SpeerSupreme Court of Georgia · 1899
- Slate v. Mayor of Blue RidgeSupreme Court of Georgia · 1901
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