Seymour v. Almond
Supreme Court of Georgia
Elections. Ordinary. Prohibition. Equity. Courts. Officer. Before Judge Lumpkin. Elbert Superior Court. September Term, 1885. Seymour and others filed their petition for prohibition to prevent the ordinary from determining and declaring the result of an election held on the question of fence or no fence.
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Elections. Ordinary. Prohibition. Equity. Courts. Officer. Before Judge Lumpkin. Elbert Superior Court. September Term, 1885. Seymour and others filed their petition for prohibition to prevent the ordinary from determining and declaring the result of an election held on the question of fence or no fence. Yarious points of illegality were alleged as to the manner of holding the election, among others, that the ordinary failed to state in his order that the election must be held “under the same rules and regulations as provided in elections for members of the general assembly; ” that his order…
1Opinion of the Court
Jackson, Chief Justice.
This is a writ of error to the superior court of Elbert *114county to review the judgment of that court in declining to grant the writ of prohibition to the ordinary of said county, prohibiting that officer from declaring the result of an election ordered by that officer on the issue of fence or no fence.
There was no error in the denial of the writ for the following reasons:
1. First, the writ only issues to prohibit action by an inferior court. The ordinary, in respect to this election, is not a court or j udicatory, but an officer of the body politic of the state to whom…
2Cases cited2 opinions
- Hart v. TaylorSupreme Court of Georgia · 1878
- Tharpe v. HardisonSupreme Court of Georgia · 1882
3Cited by6 opinions
- City of Macon v. AndersonSupreme Court of Georgia · 1923
- Chapman v. DobbsSupreme Court of Georgia · 1932
- Almand v. BrockSupreme Court of Georgia · 1971
- Shirley v. GardnerSupreme Court of Georgia · 1925
- Drake v. DrewrySupreme Court of Georgia · 1899
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