Westberry v. Saunders

Smith, Justice.

Appellee Franklin E. Saunders was elected to the city council of St. Marys, Georgia in December. 1980. In February 1982 appellants Wyman Westberry and Raymond L. Dyals brought the petition for a writ of quo warranto which forms the basis of case no. 38809 on appeal. They alleged that Saunders held office in contravention of Ga. Code Ann. § 89-101 (4), which makes certain persons ineligible to hold “any civil office,” among them “persons holding any office of profit or trust under the government of the United States . . .” The code does not define “civil office.” Saunders is on…