[Cits.]" Gay v. Crockett, 217 Ga. 288, 291 ( 122 S.E.2d 241) (1961). Thus, contrary to the majority's "example," the habeas court certainly would not be ousted from jurisdiction 12 months after the OCGA ยง 17-7-131 (f) hearing.
Gay appealed these rulings to this court, and on review here it was held that the trial court erred in denying the plea in abatement. Gay v. Crockett, 217 Ga. 288 ( 122 S.E.2d 241). It was there held that the plea in abatement should have been sustained, and the judgment denying the plea was reversed. On the return of the remittitur to the trial court the judge of that court entered the following order: "The judgment of the trial court on the plea in abatement having been reversed by the Supreme Court, the former judgment of this court on this plea is set aside and the plea will be heard and determined on the law and the facts."
This case presents an incidental aspect of the line of litigation beginning with Gay v. Laurens County, 213 Ga. 518, supra. See Laurens County v. Keen, 214 Ga. 32 ( 102 S.E.2d 697); Gay v. Lewis, 215 Ga. 317 ( 109 S.E.2d 646); Gay v. Crockett, 217 Ga. 288 ( 122 S.E.2d 241); Gay v. Laurens County, 217 Ga. 594 ( 124 S.E.2d 81). The Employees Retirement System is seeking to have Sheriff Gay's deputies and employees adjudged employees of Laurens County for the period between the Supreme Court's declaration of the invalidity of the sheriff's salary legislation and the time a new sheriff was elected and a new salary bill was enacted.