Moore v. Dugas, (No. 6506.)

• Decision Date: 12 June 1928
• Docket Number: (No. 6506.)
• Citation: 166 Ga. 493,143 S.E. 591
• Parties: MOORE . v. DUGAS et al.
• Court: Georgia Supreme Court

166 Ga. 493

143 S.E. 591

MOORE .

v.DUGAS et al.

(No. 6506.)

Supreme Court of Georgia.

June 12, 1928.

(Syllabus by Editorial Staff.)

Error from Superior Court, Lumpkin County; I. H. Sutton, Judge.

Equitable petition by G. H. Moore against G. C. Dugas and others. Judgment for defendants, and plaintiff brings error. Affirmed.

On December 17, 1927, an election was held for mayor of the city of Dahlonega. G. C. Dugas and G. H. Moore were the only candidates. The managers of the election filed a list of voters and a tally sheet with the clerk of the city council, for delivery to and inspection by said council; and on December 20, 1927, within five days after said election, the city council, in compliance with section 6 of the charter of the city (Acts 1899, p. 146 et seq.), met and declared the result of the election. The council declared the result of the election to be that Dugas received 141 votes and that Moore received 164 votes, and declared that Moore was elected mayor of the city for a term of two years, beginning January 1, 1928. When the result of the election was declared Dugas had not given notice of any contest of the election. On December 22, 1927, Dugas filed with the ordinary of the county his petition addressed to that officer, contesting the election of Moore as mayor, and setting forth the grounds) of contest. To this petition was attached a notice from Dugas to Moore that Dugas would contest the election upon the grounds of contest set out in the petition, and that he would take testimony before the ordinary, beginning at 10 o'clock a. m. on December 28, 1927, in support of his grounds of contest The ordinary entered upon the petition an indorsement of its filing on December 22, 1927, directed that the petition and the notice attached be served on Moore, and set December 28, 1927, as the time for the taking of testimony. The petition and notice of contest were served on Moore on December 22, 1927. Thereupon Moore filed his equitable petition to enjoin the contest proceedings, upon the grounds: (a) That the declaration of the result of the election by the city council, in which that body declared petitioner to be elected mayor for the years 1928 and 1929, said declaration having been made prior to the notice of contest, and within the scope of the power and authority of the city council, was final, and vested petitioner with the right and power to exercise the office of mayor of the city for said years; and (b) that the ordinary was disqualified to hear said contest, on the ground of bias and prejudice against petitioner, said officer being the editor of the Dahlonega Nugget, a newspaper published in the city of Dahlonega, In which organ the ordinary had adversely criticized the administration of the affairs of the city by petitioner, who was then filling the office of mayor, and was an active supporter and partisan of the contestant Injunction was denied.

Wheeler & Kenyon, of Gainesville, for plaintiff in error.

Jones & Reid, of Gainesville, for defendants in error.

Syllabus Opinion by the Court

HINES, J. 1. By section 6 of the charter of the city of Dahlonega, the managers of an election for mayor in that city are required to count the ballots, consolidate the returns of said election, and certify the same. They are required to keep two lists of voters, and two tally sheets, and to make certificate of the result on each tally sheet, and place one of said lists of voters and one of said...