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2018 Georgia Code 9-6-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 9-6-61 Case Law from Google Scholar Amendments to OCGA 9-6-61

TITLE 9 CIVIL PRACTICE

Section 6. Extraordinary Writs, 9-6-1 through 9-6-66.

ARTICLE 4 QUO WARRANTO

9-6-61. Writ lies against civil and military officers; Governor exempt.

The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers.

(Orig. Code 1863, § 3134; Code 1868, § 3146; Ga. L. 1871-72, p. 41, § 1; Code 1873, §§ 3202, 3206; Ga. L. 1875, p. 104, § 1; Code 1882, §§ 3202, 3206, 3208a; Civil Code 1895, §§ 4877, 4881, 4883; Civil Code 1910, §§ 5450, 5454, 5456; Code 1933, §§ 64-208, 64-209.)

JUDICIAL DECISIONS

Writ applicable to civil officers.

- Under former Code 1933, § 64-201 (see O.C.G.A. § 9-6-60), the writ of quo warranto applied only where the right of any person to a "public office" was involved, and in former Code 1933, § 64-208 and 64-209 (see O.C.G.A. § 9-6-61) the remedy applied where civil officers were concerned. McDuffie v. Perkerson, 178 Ga. 230, 173 S.E. 151 (1933).

Quo warranto will not lie to try title to office not shown to have legal existence. Sutton v. Adams, 180 Ga. 48, 178 S.E. 365 (1934).

Cited in Dean v. Healy, 66 Ga. 503 (1881); Garrett v. Cowart, 149 Ga. 557, 101 S.E. 186 (1919).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Quo Warranto, §§ 32, 33, 37.

C.J.S.

- 74 C.J.S., Quo Warranto, § 58.

ALR.

- Officer holding over without authority after expiration of his term as a de facto officer, 71 A.L.R. 848.

Admissibility of election ballots in quo warranto proceedings, 71 A.L.R.2d 353.

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