141 Ga. 822 | Ga. | 1914
(After stating the foregoing facts.) In the quo warranto proceeding the issue was whether the plaintiffs or defendants had the right to the office. The defendants were in office, and the plaintiffs undertook to show a superior right. The defendants were declared elected by the managers. The plaintiffs predicated their claim to the office on the same election, and on the judgment of the ordinary which declared a result in their favor, which was different from that declared by the election managers. In so doing it was insisted that the declaration by the election managers to the effect that the defendants were elected was set aside, and that the judgment of the court of ordinary declaring the plaintiffs to have been elected was conclusive and entitled them to the office. The defendants contended that the ordinary exceeded his power in counting for the plaintiffs votes which were never cast, and basing his judgment thereon, and consequently that the judg
Judgment reversed.