Morris v. Glover
Supreme Court of Georgia
0Petition for mandamus. Before Judge Lumpkin. Oobb superior court. November 12, 1904. This was a mandamus proceeding instituted by J. Gid.
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0Petition for mandamus. Before Judge Lumpkin. Oobb superior court. November 12, 1904. This was a mandamus proceeding instituted by J. Gid. Morris,, who claims to have been duly elected treasurer of the County of Cobb at an election for county officers held in that county on October 5, 1904. The purpose of the proceeding was to compel the superintendents of that election, who were named in the plaintiff’s petition as defendants, to consolidate the votes cast in his favor as county treasurer, for which office he was the only candidate, and to certify the result and make proper return thereof.…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The controlling question is the constitutionality of the act approved February 29, 1876 (Acts of 1876, p. 322), consolidating the office of county treasurer of the County of Cobb with the office of clerk of the superior court of that county, making the clerk ex-officio treasurer and fixing his fees. The act is alleged to be violative of article 9, section 1, of the constitution of 1868, in force at the time of its passage. This article and section of the constitution provide that: “The county officers recognized as existing by the laws of this State, and not…
2Cases cited4 opinions
- Reid v. Smoulter, Pennsylvania Court of Common Pleas, Luzerne County1889
- Massenburg v. CommissionersSupreme Court of Georgia · 1895
- Tanner v. DeenSupreme Court of Georgia · 1899
- Hall v. BurksSupreme Court of Georgia · 1895
3Cited by18 opinions
- Thompson v. TalmadgeSupreme Court of Georgia · 1947
- Gray v. McLendonSupreme Court of Georgia · 1910
- Wright v. CallahanIdaho Supreme Court · 1940
- Sears v. State of Ga.Supreme Court of Georgia · 1974
- State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
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