186 Ga. 105 | Ga. | 1938
This was an application to file a petition in the nature of a proceeding quo warranto, brought by W. B. Echols against W. P. Beed, in which Echols asked that he be reinstated in his office as inspector of weights and measures of the City of Atlanta. His honor, Judge Pomeroy, of the Atlanta Circuit, granted the application, and called upon Beed to answer why he should not be ousted. The case came on for hearing before his honor, Judge Humphries, and by consent of both parties the case was heard without the intervention of a jury, issues of fact as well as of law being left to the determination of the judge. The judge refused the prayer of the petitioner, who excepted. The case is so clearly stated in the order of Judge Humphries, to which exception is taken, that we adopt his decision as part of the opinion of this court.
“The plaintiff alleges that on January 28, 1931, he was elected inspector of weights and measures of the City of Atlanta, and that on February 12, 1937, he was dropped by the police committee of the city without trial. It is alleged that W. P. Beed was appointed inspector of weights and measures, to the office from which petitioner had been removed. The plaintiff alleges that he is entitled to the office of inspector of weights and measures of the city, and prays that he be restored to that office and the respondent removed therefrom. The plaintiff and the defendant agreed, on the hearing, that allegations of fact as set forth in the petition and answer are true, except as to the allegation that the chief of police required the plaintiff from time to time to do designated police work. As
It is strenuously insisted by able counsel for the plaintiff that
Judgment affirmed.