188 Ga. 645 | Ga. | 1939
The court did not err in sustaining the motion of the defendant, to dismiss the petition for mandamus. It appeared from the petition that the defendant did consider the plaintiff’s contest, heard some evidence thereon, and entered a final order determining it in favor o-f the contestee. Under the law, any contest which arises over a municipal election shall be heard by the ordinary (Code, § 34-3001), who shall follow the procedure prescribed for contests where commissions are issued by the Governor. Contests of the latter class are to be determined by the judge of the superior court, and the mode of procedure is as stated in the Code, §§ 34-2801, 34-2802, 34-2803. In Tupper v. Dart, 104 Ga. 179, 184 (30 S. E. 624), it was said that it was competent for the legislature to make the decision of the ordinary final in matters
As an additional reason for affirmance it may be stated that the contestee would have been adversely affected'by any judgment for the plaintiff in the mandamus case, and he was not made a party defendant. Smith v. Hodgson, 129 Ga. 494 (59 S. E. 272); Walton v. Booth, 151 Ga. 452, 455 (107 S. E. 63); McGinty v. Gormley, 181 Ga. 644, 650 (183 S. E. 804).
Judgment affirmed.