177 Ga. 35 | Ga. | 1933
Mrs. Julia C. Casey and others filed an application for leave to file an information in the nature of a quo warranto against Emmett McElreath. The court granted the application, and ordered a hearing upon a day fixed. After the hearing, there being no issue of material facts, the judge rendered a judgment denying the prayers of the petition, and the petitioners excepted.
The ruling stated in the first headnote needs no elaboration.
McElreath was elected trustee of the, Kingsland Consolidated School District, and petitioners seek to oust him from that office. He was, at the time of his election and on being inducted into the office referred to, a member of the county board of education; and it is insisted by petitioners that he was ineligible to the office from which they are seeking to oust him, because of the fact that he was a member of the county board of education. It is also insisted that there is such an incompatibility between the duties of the two offices that one who is a member of the county board could not hold the office of trustee of the local school district.
The court did not err in rendering a judgment which was in effect a refusal to remove the respondent from the position of trustee of the local school district. He was not ineligible to election to the latter office. It is provided in the statute that “All officers are eligible to re-election and reappointment, and to hold other offices.
■Judgment affirmed.