Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 9-6-62 — When granted; how issues of fact tried | Georgia Code
O.C.G.A. § 9-6-62 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 QUO WARRANTO

9-6-62. When granted; how issues of fact tried.

The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact made thereon must be tried as in equity cases.

(Orig. Code 1863, § 3133; Code 1868, § 3145; Code 1873, § 3201; Code 1882, § 3201; Civil Code 1895, § 4876; Civil Code 1910, § 5449; Code 1933, § 64-205.)

History of section.

- The language of this Code section is derived in part from the decision in Mayor of Brunswick v. Dure, 59 Ga. 803 (1877).

JUDICIAL DECISIONS

Appeal of verdict contrary to evidence.

- In a quo warranto case involving issues of fact, where upon the trial there is a verdict disposing of those issues, and the party to whom the finding of the jury is adverse makes a motion for a new trial, one of the grounds being that the verdict is contrary to the evidence, which motion upon hearing is overruled, the losing party may except to the judgment overruling the party's motion and bring the case to the Supreme Court for review. Henderson v. Young, 179 Ga. 540, 176 S.E. 388 (1934).

Cited in Roan v. Rodgers, 201 Ga. 696, 40 S.E.2d 551 (1946).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Quo Warranto, § 16 et seq.

C.J.S.

- 74 C.J.S., Quo Warranto, §§ 38, 39.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.