118 Ga. 152 | Ga. | 1903
On December 9, 1902, an election for mayor and five councilmen-was held in the town of Belton, Georgia. On the face of the returns R. L. Scales appeared to have received a majority of the votes cast for mayor. The opposing candidate instituted a statutory contest before the ordinary of one of the counties in which Belton is situated. The managers of election, having
One of the candidates for council had no opposition at the election, and as to him there is no contest; but this does not give him a right to have the four defendants in error or any one of them removed from office. The four present councilmen can occupy but four of the five places, and he’can claim no more than the right to the one not occupied by them. Further than this, he has joined in a proceeding with others who should not prevail therein, and there are no assignments of error which relate to him separately from the others.