Cobb v. Smith

Supreme Court of Georgia

Decided July 28, 1897

Supreme Court of Georgia · decided 1897-07-28

<p>Proceeding to remove from office. Before Judge Kimsey. Hall superior court. January term, 1897.</p>

Relies on Mayor of Hawkinsville v. Ethridge · Commissioners of Pilotage v. Tabbott

Good law ✅— No negative treatment on recordhow we know

Decided 1897-07-28

How this case has been cited

Cited by 6 later decisions — most recently February 1940

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Simmons, C. J.

¶1A prosecution instituted under the provisions of section 4366 of the Civil Code, for the purpose of causing the removal from office of a clerk of the superior court for any of the causes enumerated in said section, is a quasi-criminal proceeding, and if upon the trial of the issue joined therein the person accused be acquitted by the jury, neither the person upon whose relation the information was filed nor the State can cause the acquittal to be reviewed upon a motion for a new trial, or prosecute to this court a writ of error from an order overruling such a motion. Commissioners of Pilotage v. Tabbott, 72 Ga. 89; Mayor etc. of Hawkinsville v. Ethridge, 96 Ga. 326.

¶2Bills of exceptions dismissed.

All concurring, except Cobb, J., disqualified.