Bonner v. State ex rel. Pitts
Supreme Court of Georgia
Mandamus. Decided by Judge Merriwether, Jones Superior Court, April Term, 1849. On the first day of January, 1849, at an election for Justices of the Inferior Court of Jones County, Joseph Day, James Gray, "William Moreland, Sterling W. Smith and Thomas S. Humphries, were elected, and their election was duly certified to His Excellency the Governor, who returned their commission, together with a “ dedimus potestatem,” &c. to the acting Justices of the Inferior Court of said…
Read the full summary
Mandamus. Decided by Judge Merriwether, Jones Superior Court, April Term, 1849. On the first day of January, 1849, at an election for Justices of the Inferior Court of Jones County, Joseph Day, James Gray, "William Moreland, Sterling W. Smith and Thomas S. Humphries, were elected, and their election was duly certified to His Excellency the Governor, who returned their commission, together with a “ dedimus potestatem,” &c. to the acting Justices of the Inferior Court of said County. On the second Monday in January, at the regular term of the Court sitting for Ordinary purposes, the commission…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
Two questions were submitted on the argument of this cause, for the judgment of the Court:
1st. Whether the election of Pitts, as Clerk of the Court of Ordinary, by the old Justices of the Inferior Court of Jones County, as stated in the record, was a legal and valid election.
2d. Admitting that Pitts had been duly and legally elected by the old Court, was a mandamus the proper remedy to vacate the office of Clerk of the Court of Ordinary held by Bonner, under a commission from the Executive of the State, and who was exercising the duties of that…
2Cited by28 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- Magruder v. SwannCourt of Appeals of Maryland · 1866
- State ex rel. Low v. TownsSupreme Court of Georgia · 1850
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Patten v. MillerSupreme Court of Georgia · 1940
23 more not listed; retrieve them via the Exa API.