Davis v. Mercer

• Decision Date: 09 January 1934
• Docket Number: 23092.
• Citation: 172 S.E. 669,48 Ga.App. 191
• Parties: DAVIS v. MERCER.
• Court: Georgia Court of Appeals

172 S.E. 669

48 Ga.App. 191

DAVIS v. MERCER.

No. 23092.

Court of Appeals of Georgia, Second Division

January 9, 1934

Syllabus by the Court.

Candidate held eligible for office of justice of peace, where at time of election candidate had, more than six months prior to next ensuing General Assembly election, registered as voter and paid all required taxes to date, and it did not appear that he afterwards became disqualified (Civ. Code 1910, §§ 121, 258, subd. 7; § 4661).

A person, to be eligible to hold the office of justice of the peace, must be "entitled to vote for the members of the General Assembly." Civil Code 1910, § 4661. Where, at the time of an election held to fill the office of justice of the peace, a candidate for the office has, more than six months prior to the next ensuing election for members of the General Assembly, registered as a voter and paid all taxes to date due and required of him, and it does not appear that he afterwards became disqualified by nonpayment of taxes or otherwise, he, as respects his qualifications as a voter, is eligible to the office.

Error from Superior Court, Tattnall County; J. Saxton Daniel Judge.

Election contest by J. I. Davis against C. Mercer. Judgment for contestee, and contestant brings error.

Affirmed.

H. H Elders, of Reidsville, for plaintiff in error.

C. L Cowart, of Glennville, for defendant in error.

STEPHENS Judge.

J. I. Davis, a defeated candidate for justice of the peace in an election held in the 351st district G. M. of Tattnall county, Ga., on December 3, 1932, as required by section 121 et seq. of the Political Code of 1910, filed notice with the successful candidate, C. Mercer, of a contest of the election. The ground of the contest was that Mercer, by reason of not having, for a period more than six months prior to the election, paid the poll taxes required of him for the years 1930 and 1931, was not qualified to vote at the election, and was therefore not eligible to hold the office of justice of the peace to which he had been elected. After the testimony had been taken as required by the statute, the proceedings were returned to the superior court where, on January 24, 1933, the issues were there tried upon an agreed statement of facts. It appeared that the name of C. Mercer was on the registration list of voters of the district, and that he had voted in the general state election which had been held on November 8, 1932, previously, and that, on November 15, 1932, he had paid all taxes required of him, including poll taxes, for the years 1930 and 1931. The court found against the contestant, and rendered a judgment declaring C. Mercer duly elected justice of the peace for the district and entitled to be commissioned as such. To this judgment the contestant excepted.

As the grounds of the contest appear to be...