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Bush v. Horne

Supreme Court of Georgia
Sep 8, 1971
183 S.E.2d 754 (Ga. 1971)

Opinion

26559.

SUBMITTED JULY 13, 1971.

DECIDED SEPTEMBER 8, 1971.

Mandamus. Sumter Superior Court. Before Judge Marshall.

Earl Bush, pro se. Eugene Horne, for appellee.


This appeal is from (1) the dismissal of a petition filed in the Superior Court of Sumter County seeking mandamus to compel the Judge of the State Court of Sumter County to rule upon the appellant's extraordinary motion for new trial and (2) from the refusal of the judge of the superior court to disqualify himself from presiding in the mandamus proceeding.

The appellant was convicted of the offense of abandonment of minor children. His motion for new trial was dismissed, and his appeal to the Court of Appeals therefrom was dismissed for lack of prosecution. His petition for the writ of habeas corpus was denied and this court affirmed. See in this connection, Bush v. Chappell, 225 Ga. 659 ( 171 S.E.2d 128).

Subsequently, he served the sentence which had been imposed upon him.

Thereafter he filed a second motion for new trial, and to set aside the judgment and sentence. Upon refusal of the Judge of the State Court of Sumter County to entertain such motion, the appellant filed the instant application for mandamus and a motion to disqualify the judge.

Under the circumstances, to wit, failure to effect appeal from denial of the prior motion for new trial, mootness, and for other reasons not necessary to state here, the petition for mandamus was properly dismissed. It follows that denial of the motion to disqualify was likewise proper.

Judgments affirmed. All the Justices concur.


SUBMITTED JULY 13, 1971 — DECIDED SEPTEMBER 8, 1971.


Summaries of

Bush v. Horne

Supreme Court of Georgia
Sep 8, 1971
183 S.E.2d 754 (Ga. 1971)
Case details for

Bush v. Horne

Case Details

Full title:BUSH v. HORNE

Court:Supreme Court of Georgia

Date published: Sep 8, 1971

Citations

183 S.E.2d 754 (Ga. 1971)
183 S.E.2d 754