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Moody v. Carter

195 S.E.2d 204, 128 Ga. App. 27, 1973 Ga. App. LEXIS 1370
CourtCourt of Appeals of Georgia
DecidedJanuary 31, 1973
Docket47678
StatusPublished
Cited by6 cases

This text of 195 S.E.2d 204 (Moody v. Carter) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moody v. Carter, 195 S.E.2d 204, 128 Ga. App. 27, 1973 Ga. App. LEXIS 1370 (Ga. Ct. App. 1973).

Opinion

Quillian Judge.

This is an appeal from an order dismissing the appellant’s petition in an election contest. The appellant failed to comply with the provisions of the Georgia Election Code in regard to the serving of a copy of proceedings upon the State Election Board. Code Ann. § 34-203 (d) (Ga. L. 1964, Ex. Sess., pp. 26, 36) provides in part: “. . . the State Election Board shall be served with a copy of the proceeding, by serving the same on the chairman thereof by mailing a copy to the chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.”

No certificate that service had been perfected upon the State Election Board was filed as required by the statute, therefore it was not error to dismiss the petition. See Smith v. Nathan, 127 Ga. App. 610 (194 SE2d 490).

Judgment affirmed.

Bell, C. J., and Deen, J., concur.

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Bluebook (online)
195 S.E.2d 204, 128 Ga. App. 27, 1973 Ga. App. LEXIS 1370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-carter-gactapp-1973.