80 Ga. 503 | Ga. | 1888
This was an application by George W. Asbell to- the judge of the superior court for a writ of certiorari', which the court refused to grant, upon the petition without more. The application shows that Asbell was a policeman of the city of Brunswick; and that the mayor exhibited certain charges against him, for inefficiency in the discharge
We think the judge of the superior court should have granted this writ of certiorari. We see no reason why Mr. Penniman should not have' been allowed to vote as well as any other member of the court. The law authorized him to vote. There is nothing in the act of the legislature, incorporating the city of Brunswick, which deprived him of the privilege, and if there is anything in the ordinances of the city to that effect, it does not appear
In view, therefore, of this act and the allegations in the petition for certiorari, we think that the judge of the superior court should have granted the writ and let it be answered, and then have determined the case properly. The judgment of the court below is reversed because of the refusal of the court to grant the writ of ce't tiorari prayed for.
Judgment reversed.