Gill v. City of Brunswick
| Decision Date | 30 May 1903 |
| Citation | 44 S.E. 830,118 Ga. 85 |
| Parties | GILL v. MAYOR, ETC., OF CITY OF BRUNSWICK. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. It was in legislative contemplation that the mayor and aldermen of the city of Brunswick should act in a judicial capacity when exercising the power conferred upon them by the act of November 28, 1900, to dismiss from service all officers and members of the police force of the city who should be guilty of conduct which that act declares shall constitute cause for removal from office. See Acts 1900, p. 240.
(a) A trial conducted in accordance with the terms of a statute of this character is a quasi criminal proceeding, and the writ of certiorari lies to review the rulings and findings of such a corporation court. Mayor of Macon v. Shaw, 16 Ga. 172, 185; Asbell v. Brunswick, 5 S.E. 500, 80 Ga. 503.
(b) The refusal of the court below to sanction the petition for certiorari in the present case could not properly have been based either on the ground that a writ of certiorari could not legally issue, or upon the ground that there was no merit in any of the complaints which the plaintiff in certiorari set forth in his petition.
Error from Superior Court, Glynn County; T. A. Parker, Judge.
Action between Louis Gill and the mayor and council of Brunswick. From a judgment, Gill brings error. Reversed.
Earnest Dart, for plaintiff in error.
F. E. Twitty, for defendant in error.
Judgment reversed.
All the Justices concurring, except LUMPKIN, P.J., absent on account of sickness.
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Heath v. City Of Atlanta
...are controlling: Mayor & Council of Macon v. Shaw, 16 Ga. 172; Asbell v. Mayor, etc., of Brunswick, 80 Ga. 503, 5 S.E. 500; Gill v. Brunswick, 118 Ga. 85, 44 S.E. 830; Tibbs v. Atlanta, 125 Ga. 18, 53 S.E. 811. By a divided bench this question was very thoroughly dealt with in both the majo......
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Heath v. City of Atlanta
... ... decisions which we think are controlling: Mayor & Council ... of Macon v. Shaw, 16 Ga. 172; Asbell v. Mayor, etc., of ... Brunswick, 80 Ga. 503, 5 S.E. 500; Gill v ... Brunswick, 118 Ga. 85, 44 S.E. 830; Tibbs v ... Atlanta, 125 Ga. 18, 53 S.E. 811. By a divided bench ... ...
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