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170 Ga. 545

Sweat v. Barnhill

Supreme Court of Georgia

Decided May 16, 1930

Supreme Court of Georgia · decided 1930-05-16

Relies on Coleman v. Glenn · Stanford v. Lynch · McCarthy v. McKinney

Good law ✅— No negative treatment on recordhow we know

Decided 1930-05-16

How this case has been cited

Cited by 6 later decisions — most recently February 1954

6 state decisions

20193019401950decided

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.

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Hill, J.

¶11. 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).

¶22. 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.

¶3Judgment reversed.

All the Justices concur.
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