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2018 Georgia Code 36-4-4 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 4. Change or Removal of County Site, 36-4-1 through 36-4-6.

ARTICLE 2 SETTLEMENT OF BOUNDARY DISPUTES

36-4-4. Certificate of Secretary of State as evidence of election and number of votes.

The certificate of the Secretary of State showing that the election was held and that two-thirds of the qualified voters voting at the election voted in favor of removal shall be sufficient evidence of the holding of the election and of the number of votes cast.

(Ga. L. 1878-79, p. 44, § 4; Code 1882, § 508aa; Civil Code 1895, § 394; Civil Code 1910, § 489; Ga. L. 1911, p. 54, § 1; Code 1933, § 23-504.)

History of section.

- The language of this Code section is derived in part from the decision in Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897).

JUDICIAL DECISIONS

Legislature not confined to secretary's certificate.

- Legislature is not precluded from ascertaining by other appropriate means the facts concerning the election and the number of votes cast. Cutcher v. Crawford, 105 Ga. 180, 31 S.E. 139 (1898); Lee v. Tucker, 130 Ga. 43, 60 S.E. 164 (1908) (decided prior to revision of section by Ga. L. 1911, p. 54, § 1); Bachlott v. Buie, 158 Ga. 705, 124 S.E. 339 (1924).

Act of General Assembly which removes a county site is not unconstitutional and void because it was passed contrary to finding of Secretary of State. Cutcher v. Crawford, 105 Ga. 180, 31 S.E. 139 (1898); Lee v. Tucker, 130 Ga. 43, 60 S.E. 164 (1908) (decided prior to revision of section by Ga. L. 1911, p. 54, § 1); Vornberg v. Dunn, 143 Ga. 111, 84 S.E. 370 (1915); Bachlott v. Buie, 158 Ga. 705, 124 S.E. 337 (1924).

Injunction when legislature has not considered result.

- An injunction will issue restraining the ordinary (now judge of the probate court) from erecting a new courthouse at the site of the old one after an election has been had to change the site, if the legislature had not considered the result. Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897) (decided prior to revision of section by Ga. L. 1911, p. 54, § 1).

Copy of election returns not admissible in evidence.

- Certified copy from the office of the Secretary of State of the consolidated return of an election held in a given county upon the question of removing the county site thereof is not admissible in evidence for the purpose of showing that the General Assembly, in acting upon a bill providing for such removal, did not have before the General Assembly legal evidence showing that such an election had been held and that two-thirds of the qualified voters thereat voted in favor of a removal of the county site to a particular place. Cutcher v. Crawford, 105 Ga. 180, 31 S.E. 139 (1898) (decided prior to revision of section by Ga. L. 1911, p. 54, § 1).

Admissions in pleadings binding.

- An admission made in the pleadings that certain of the voters voting at such election voted in favor of the removal of the county site to a particular place, so long as the admission stands as part of the pleading, is binding upon the party making the admission. Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897) (decided prior to revision of section by Ga. L. 1911, p. 54, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 287, 288.

Cases Citing Georgia Code 36-4-4 From Courtlistener.com

Total Results: 1

G. H. Bass & Co. v. Fulton County Board of Tax Assessors

Court: Supreme Court of Georgia | Date Filed: 1997-06-16

Citation: 486 S.E.2d 810, 268 Ga. 327

Snippet: omitted.) 4A Moore’s Federal Practice (2d ed.), Par. 36.04[4] at 36-32 through 33. Consistent with this view