58 Ga. 419 | Ga. | 1877
This was a bill filed by Kemp and others, who were candidates for office at the election in January last, to compel the commissioners who consolidated the returns of said election, to throw out the votes of those voters who had not paid taxes, except at the polls, under the act of 1874, and to enjoin those commissioners from consolidating and certifying the election of their opponents until those votes were rejected and the poll thus purged. Their opponents were not made parties, strange to say, to this strange equitable proceeding, in which they were chiefly interested. The court below refused to grant the injunction, and this refusal is the error complained of.
We think that the court was right. We cannot see the semblance of equity in the bill as it stands; and, even if the opposing and, we presume, successful candidates had been made parties, the common-law remedy against them would have been complete. That remedy is to contest the election
Let the judgment be affirmed.