From Casetext: Smarter Legal Research

Nichols v. Faircloth

Court of Appeals of Georgia
Apr 25, 1957
98 S.E.2d 416 (Ga. Ct. App. 1957)

Opinion

36640.

DECIDED APRIL 25, 1957.

Appellate procedure. Before Judge Geer. Randolph Superior Court. December 28, 1956.

Hatcher, Smith Stubbs, J. Madden Hatcher, for plaintiff in error.

Joe M. Ray, Walter E. Taylor, Jr., contra.


This is an election contest case filed by W. E. Nichols, plaintiff in error, to the results of a general election held for the office of Sheriff of Randolph County, Georgia, and he brings by writ of error to this court his complaint as to the results of a contest which he brought against the successful candidate, T. E. Faircloth, complaining of the disposition of the contest. The writ of error must be dismissed, as a contest of an election for sheriff in a general election is a political matter of which the appellate courts can take no cognizance on appeal, nor is it a judicial matter of which the appellate courts may by statute have jurisdiction. See in this connection Code § 34-2801, et seq.; Carter v. Janes, 96 Ga. 280, 23 S.E. 201; Robertson v. Easley, 20 Ga. App. 258, 92 S.E. 1027; Brockett v. Maxwell, 73 Ga. App. 663, 38 S.E.2d 176; Harris v. Sheffield, 128 Ga. 299, 57 S.E. 305; Harris v. Glenn, 141 Ga. 687, 81 S.E. 1103; Davis v. Forrester, 188 Ga. 73, 2 S.E.2d 601; Gas-Light Co. of Augusta v. West, 78 Ga. 318; Steinheimer v. Jones, 114 Ga. 349, 40 S.E. 241; Banigan v. Nelms, 106 Ga. 441, 32 S.E. 337; Albea v. Watts, 114 Ga. 149, 39 S.E. 940; Chandler v. Barefield, 178 Ga. 265, 172 S.E. 919; Johnson v. Jackson, 99 Ga. 389, 27 S.E. 734.

Writ of error dismissed. Gardner, P. J., and Townsend, J., concur.

DECIDED APRIL 25, 1957.


Summaries of

Nichols v. Faircloth

Court of Appeals of Georgia
Apr 25, 1957
98 S.E.2d 416 (Ga. Ct. App. 1957)
Case details for

Nichols v. Faircloth

Case Details

Full title:NICHOLS v. FAIRCLOTH

Court:Court of Appeals of Georgia

Date published: Apr 25, 1957

Citations

98 S.E.2d 416 (Ga. Ct. App. 1957)
98 S.E.2d 416

Citing Cases

Fulton County v. Woodside

Assignment of non-jury, or criminal, or jury, or other kinds of cases to a judge under the Chief Judge Act…

Blackburn v. Hall

The word "other" of course refers to the creation of the new statutory right of appeal to an appellate…