132 Ga. 517 | Ga. | 1909
James M. Smith and others, relators, made application to the judge of the superior court of Pike county, for leave to file an information in the nature of a quo warranto, in order that they might inquire into the right of the respondent to hold the office of judge of the city court of Barnesville. The informátion, which was ordered filed, contained the following material allega
The relators contend that the office of judge of the city court of Barnesville was vacated by the respondent when he accepted the office of city attorney of Barnesville, for the reason that the duties of the two offices are incompatible in fact, as well as rendered incompatible by the provisions of the Civil Code, §4284. That section is as follows: “It shall be illegal for the judge of any city court in this State to also hold any municipal office or appointment in the city where such court is held.” If this section has application to city courts of the character of that existing in the City of Barnesville, and if the position of city attorney of Barnesville is an appointment of the kind referred to in the section above quoted, did the acceptance of such appointment by the respondent vacate, or render subject to vacation, the other office which the respondent held as judge of the city court of Barnesville? In Throop on. Public Officers, §30, it is said: “At common law, there is no limit to the number of offices which may be held simultaneously by the same person, provided that neither of them is incompatible witli any other. . . If two offices are incompatible, by the acceptance of the latter the first is relinquished or vacant, even though it
Affirmed.