Sweat v. Barnhill

153 S.E. 364, 170 Ga. 545, 1930 Ga. LEXIS 186

Supreme Court of Georgia·Decided May 16, 1930·No. No. 7501·Published·Cited by 6 cases

Opinion

Hill, J.

1. Injunction is not the remedy to test the questions here involved. It appears to be a contest between two sets of county commissioners, as to which set- is entitled to hold said offices and to manage the affairs of the County of Clinch. It is well settled, where the title to an office is involved, that quo warranto, or a petition in the nature of a quo warranto, is the proper remedy, rather than an equitable petition for injunction. Civil Code (1910), § 5451; Coleman v. Glenn, 103 Ga. 458 (2) (30 S. E. 297, 68 Am. St. R. 108); Stanford v. Lynch, 147 Ga. 518 (94 S. E. 1001); McCarthy v. McKinney, 137 Ga. 292, 297 (73 S. E. 394).

2. A general demurrer to the petition was filed, but was not expressly passed upon. As an equitable petition for injunction would not lie in a case like the present, all the orders and judgments passed subsequently were nugatory and of no effect. The trial judge erred in granting an interlocutory injunction.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, J.

1. Injunction is not the remedy to test the questions here involved. It appears to be a contest between two sets of county commissioners, as to which set- is entitled to hold said offices and to manage the affairs of the County of Clinch. It is well settled, where the title to an office is involved, that quo warranto, or a petition in the nature of a quo warranto, is the proper remedy, rather than an equitable petition for injunction. Civil Code (1910), § 5451; Coleman v. Glenn, 103 Ga. 458 (2) (30 S. E. 297, 68 Am. St. R. 108); Stanford v. Lynch, 147 Ga. 518 (94 S. E. 1001); McCarthy v. McKinney, 137 Ga. 292, 297 (73 S. E. 394).

2. A general demurrer to the petition was filed, but was not expressly passed upon. As an equitable petition for injunction would not lie in a case like the present, all the orders and judgments passed subsequently were nugatory and of no effect. The trial judge erred in granting an interlocutory injunction.

Judgment reversed.

All the Justices concur.

Sweat v. Barnhill, 153 S.E. 364, 170 Ga. 545, 1930 Ga. LEXIS 186 (Ga. 1930).

Pincite

153 S.E. 364 (Sweat v. Barnhill) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lockard v. Wiseman

80 S.E.2d 427 (West Virginia Supreme Court, 1954)

Bowling v. Doyal

58 S.E.2d 173 (Supreme Court of Georgia, 1950)

Martin v. Crawford

34 S.E.2d 699 (Supreme Court of Georgia, 1945)

32 S.E.2d 308 (Supreme Court of Georgia, 1944)

Sutton v. Adams

178 S.E. 365 (Supreme Court of Georgia, 1934)

Martin v. Rowland

170 S.E. 235 (Supreme Court of Georgia, 1933)