Beatty v. Myrick

Supreme Court of Georgia

Beatty v. Myrick

129 S.E.2d 764, 218 Ga. 629, 1963 Ga. LEXIS 280

CourtSupreme Court of Georgia

DecidedFebruary 7, 1963

Docket21929

StatusPublished

Cited by8 cases

This text of 129 S.E.2d 764 (Beatty v. Myrick) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beatty v. Myrick, 129 S.E.2d 764, 218 Ga. 629, 1963 Ga. LEXIS 280 (Ga. 1963).

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Opinion

Qtjillian, Justice.

This is an equitable action in which the plaintiffs seek to have adjudicated which of two named candidates was legally elected to represent the Third Senatorial District in the State Senate. Art. III, Sec. VII, Par. I of the Constitution of Georgia (Code Ann. § 2-1901) provides: “Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.” The State Senate being vested by the Constitution with exclusive power to adjudge the qualifications of its own members, the trial court had no jurisdiction to entertain the case and properly sustained the general demurrers to the petition. Rainey v. Taylor, 166 Ga. 476 (143 SE 383).

Judgment affirmed.

All the Justices concur.

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Qtjillian, Justice.

This is an equitable action in which the plaintiffs seek to have adjudicated which of two named candidates was legally elected to represent the Third Senatorial District in the State Senate. Art. III, Sec. VII, Par. I of the Constitution of Georgia (Code Ann. § 2-1901) provides: “Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.” The State Senate being vested by the Constitution with exclusive power to adjudge the qualifications of its own members, the trial court had no jurisdiction to entertain the case and properly sustained the general demurrers to the petition. Rainey v. Taylor, 166 Ga. 476 (143 SE 383).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

129 S.E.2d 764, 218 Ga. 629, 1963 Ga. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beatty-v-myrick-ga-1963.

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