The State Or Ga. v. Swearingen
| Decision Date | 31 August 1852 |
| Docket Number | No. 7.,7. |
| Citation | 12 Ga. 23 |
| Parties | The State or Georgia, ex relatione of Wm. W. Hard-wick, plaintiff in error. vs. Thomas A. Swearingen, defendant in error. |
| Court | Georgia Supreme Court |
Petition, in Macon Superior Court, for a " quo warranto." Heard and decided by Judge Powers. March Term, 1852.
This was an application filed by the plaintiff in error, against the defendant in error, for an information in the nature of a writ of quo warranto, to show by what authority the defendant holds and exercises the office of Clerk and Treasurer of the City of Oglethorpe.
Judge Powers granted the order prayed for, and Thomas A. Swearingen, at the same Term of the Court, files his answer.
The facts are as follows: On the third Saturday in February, 1852, an election was held in the City of Oglethorpe, for the Municipal officers of the same, for the ensuing year; when Thomas A. Swearingen and Wm. W. Hardwick, were opposing candidates for the offices of Clerk and Treasurer of said City. Swearingen received the highest number of votes cast, and was duly commissioned by the Mayor and Council of said City. Hardwick received the next highest vote, and alleges in his petition, that he was duly elected and entitled to the office, because Swearingen was not, at the time of the election, and is not still, a resident and corporator of said City.
At the hearing of the petition and answer, Judge Powers decided, " That Swearingen, whether a corporator or resident within the limits of said City or not, was eligible to the said office of Clerk and Treasurer."
Which decision is assigned as error.
S. Hall and Fish, for plaintiffs in error.
G. R. Hunter, for defendant in error.
By the Court.—Lumpkin, J. delivering the opinion.
This was a petition for an information in form of a quo warranto, filed in behalf of William W. Hardwick, against Thomas A. Swearingen, charging him with wrongfully holding and exercising the offices of Clerk and Treasurer of the City of Oglethorpe, in the County of Macon, of this State; and keeping out the said William W. who it is alleged is entitled to the said offices.
[l.] The gravamen of the complaint is, that Swearingen was not a corporator and resident within the City, either at the time of his election or qualification; and the applicant claims to have the incumbent removed on this ground, and himself inducted into the office, because he received the next highest number of votes.
We think the Mayor and Aldermen were right in commissioning the...
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Duncan v. Poythress
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State ex rel. Bancroft v. Frear
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Adair v. Mcelreath, (No. 6684.)
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