179 Ga. 132 | Ga. | 1934
On June 2, 1933, under authority of an order of the board of education of Macon County, calling an election in the Marshallville Consolidated School District in that county for the election of two members of the board of trustees of the school district, such election was held. There were three candidates for the two places on the board, namely, C. W. Kinman, incumbent, B. B. Murph, incumbent, and S. O. Monk. It was conceded that B. B. Murph was elected. On the face of the returns C. W. Kinman received 129 votes, and S. O. Monk received 115 votes. Thus on the face of the returns B. B. Murph and C. W. Kinman were elected. Thereafter, on June 15, 1933, Monk, the losing candidate in the election, served a notice on Kinman that he would contest the election, the notice stating that contestant would take evidence in support of Ms contest on June 22, 1933, before W. H. Gardner, clerk of the superior court of Macon County, acting as commissioner. The notice of contest set out certain grounds of contest, naming certain voters who were alleged to have voted in the election, and claiming that the ballots cast by such voters were illegal. The no tice of contest was not sworn to; no affidavit as provided in § 122 of the Code of 1910 accompanied the notice. Thereafter, on June 22, 1933, the taking of evidence was commenced, as stated in the notice of contest, and the taking of evidence before the commissioner was concluded on June 24, 1933. Contestant, through his attorneys, then and there announced that the case of contestant was closed.
On June 30, 1933, Kinman, contestee, served on Monk, contestant, a notice of counter-contest, the notice being in terms of the law and being properly verified by the affidavit of the contestee. The notice stated that the contestee would commence to take testimony in support of the counter-contest before W. H. Gardner, as
The contestee in the meantime concluded his evidence in behalf of his eounteT-contest, and announced that the case for the contestee was closed. Thereafter the contestant read and urged his amendment and the grounds set out therein, as well as the names of the voters enumerated therein whose ballots were claimed to be illegal, and the demand that the commissioner go into the'ballot-box or permit contestant to go into the ballot-box, withdraw, expose, and examine the ballots to'determine for whom said ballots were cast in the election. W. H. Gardner thereupon announced that it was his purpose as commissioner to permit contestant to open the ballot-box to withdraw, expose, and examine' all of the ballots cast by the voters enumerated in the amendment, to determine for
This court is of the opinion that the court below did not err in refusing an injunction. Without taking up in detail the exceptions to the judgment, it is sufficient to say that the court properly refused the injunctive relief prayed for, because to have granted the injunction in this case would have been contrary to the rulings made in other cases presenting the same question. “Elections be
Judgment affirmed.