48 Ga. App. 191 | Ga. Ct. App. | 1934
J. I. Davis, a defeated candidate for justice of the peace in an election held in the 351st district G. M. of Tattnall county, Georgia, on December 3, 1932, as required by sections 121 et seq. of the Political Code of 1910, filed notice with the successful candidate, C. Mercer, of a contest of the election. The ground of the contest was that Mercer, by reason of not having, for a period more than six months prior to the election, paid the poll taxes required of him for the years 1930 and 1931, was not qualified to vote at the election, and was therefore not eligible to hold the office of justice of the peace to which he had been elected. After the testimony had been taken as required by the statute, the proceedings were returned to the superior court where, on January 24-, 1933, the issues were there tried upon an agreed statement of facts. It appeared that the name of C. Mercer was on the registration list of voters of the district, and that he had voted in the general State election which had been held on November 8, 1932, previously, 'and that, on November 15, 1932, he had paid all taxes required of him, including poll taxes, for the years 1930 and 1931. The court found against 'the contestant, and rendered a judgment declaring C. Mercer duly elected justice of the peace for the district and entitled to be commissioned as such. To this judgment the contestant excepted.
As the grounds of the contest appear to he without merit, it is unnecessary to decide whether the contestant’s remedy was by proceedings in the nature of a quo warranto to try the title to the office, or by contesting the election, as he did, under the provisions of section 121 of the Political Code of 1910.
A justice of the peace is not a county officer, and the provisions of section 258 (7) of the Political Code of 1910, that no person is eligible to hold a county office who is not “a qualified voter en
Judgment affirmed.