Smith v. Duggan
Supreme Court of Georgia
Kemoval from office. Before Judge Park. Wilkinson superior court. October 4, 1921. Twenty-six freeholders petitioned the judge of the superior court of Wilkinson County to remove J. H. Duggan and E. O. Smith from the offices held by them as commissioners of roads and revenues -for the county, and that the same be declared vacant. The causes for removal stated by the petition are, that Smith and Duggan, while acting as commissioners, purchased from J. II.
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Kemoval from office. Before Judge Park. Wilkinson superior court. October 4, 1921. Twenty-six freeholders petitioned the judge of the superior court of Wilkinson County to remove J. H. Duggan and E. O. Smith from the offices held by them as commissioners of roads and revenues -for the county, and that the same be declared vacant. The causes for removal stated by the petition are, that Smith and Duggan, while acting as commissioners, purchased from J. II. Duggan a mule, passed a voucher for the purchase-price of the same in the name of Jim Taylor with knowledge that Taylor did not own the…
1Opinion of the CourtGilbert, J.
1. Section 9 of the act of 1909 (Ga. Laws 1909, p. 483) is not in conflict with article 1, sec. 4, par. 1, of the constitution of Georgia (Civil Code (1910), § 6391), and is therefore *465not void. It is contended, that, construing Civil Code sections 393 and 394 together with Penal Code § 295, there is a general law providing for the removal of members oE boards of commissioners of roads and revenue; and that the act of 1909, providing for the creation of a board of roads and revenues for Wilkinson County, and providing its duties, and for the removal of members of such board, is a special law…
2Cases cited4 opinions
- Sayer v. BrownSupreme Court of Georgia · 1904
- DeLamar v. DollarSupreme Court of Georgia · 1907
- County of Pulaski v. Thompson & Co.Supreme Court of Georgia · 1889
- Lippitt v. City of AlbanySupreme Court of Georgia · 1908
3Cited by18 opinions
- Humthlett v. ReevesSupreme Court of Georgia · 1954
- Robitzsch v. StateSupreme Court of Georgia · 1940
- Holton v. LankfordSupreme Court of Georgia · 1939
- Deason v. DeKalb CountySupreme Court of Georgia · 1966
- Rhodes v. JerniganSupreme Court of Georgia · 1923
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