Ogburn v. Elmore
Supreme Court of Georgia
Petition for injunction. Before Judge Littlejohn. Macon superior, court. September 3, 1904. On- July 9, 1904, a petition was filed with the ordinary of Macon county, asking that an election be ordered, under the provisions' of the' local option law contained in the Political Code, § 1541 et' seq., to determine whether intoxicating liquors should be sold in that county. On July 9, an order was passed submitting the question to the voters of the county.
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Petition for injunction. Before Judge Littlejohn. Macon superior, court. September 3, 1904. On- July 9, 1904, a petition was filed with the ordinary of Macon county, asking that an election be ordered, under the provisions' of the' local option law contained in the Political Code, § 1541 et' seq., to determine whether intoxicating liquors should be sold in that county. On July 9, an order was passed submitting the question to the voters of the county. Notice of the election was published in issues of a local newspaper published on the 15th, 22d, and 29th days of July, and the election was…
1Opinion of the CourtCobb, J.
(After stating the foregoing facts.) Elections by the people, either for the choice of public officers, or for the determination of other matters submitted to the popular vote, being the exercise of the political power, the general rule is that a court of equity will not interfere in any matter concerning'’the same. However, if under the guise of an election which is really unauthorized by law, the property or person of the citizen is imperiled, equity will interfere. Mayor of Macon v. Hughes, 110 Ga. 795 (2). In the present case neither the property nor person of any citizen will be…
2Cases cited12 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- Mayor of Macon v. HughesSupreme Court of Georgia · 1900
- Seymour v. City of TacomaWashington Supreme Court · 1893
- Caldwell v. BarrettSupreme Court of Georgia · 1884
- Ellis v. KarlNebraska Supreme Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ivey v. City of RomeSupreme Court of Georgia · 1907
- Tolbert v. LongSupreme Court of Georgia · 1910
- Thompson v. HaskellSupreme Court of Oklahoma · 1909
- Bergman v. DuttonSupreme Court of Georgia · 1948
- Chapman v. DobbsSupreme Court of Georgia · 1932
9 more not listed; retrieve them via the Exa API.