Davis v. Dawson, 90 Ga. 817 (2) ( 17 S.E. 110); Crovatt v. Mason, 101 Ga. 246 (6) ( 28 S.E. 891); Howell v. Pate, 119 Ga. 537 (3) ( 46 S.E. 667); Hathcock v. McGouirk, 119 Ga. 973 (2) ( 47 S.E. 563). This case differs from Stephens v. Wohlwender, 197 Ga. 795 ( 30 S.E.2d 470), as there the allegations clearly showed that the proceedings had been instituted by Stephens as a claimant of the office. 2.
( a) Under the above ruling, the contention of the respondent Ryan, to the effect that the commission issued to him by the Governor is final in the sense that it precludes the relator Alexander from instituting a proceeding in the nature of a quo warranto to prevent an alleged usurpation of office, is without merit. ( b) The contention of the relator Alexander, that any question of the legality of the votes cast in the election cannot be determined in a quo warranto proceeding, is under the particular circumstances of this case without merit; for, while it is true that "a quo warranto proceeding cannot be converted into an election contest" ( Stephens v. Wohlwender, 197 Ga. 795, 30 S.E.2d 470), and while Ryan, the respondent, not having received a majority on the face of the returns, could not have brought a quo warranto proceeding in order to show that a controlling number of ballots cast for his opponent were illegal ( Hathcock v. McGouirk, 119 Ga. 973, 47 S.E. 563; Cutts v. Scandrett, 108 Ga. 620, 34 S.E. 186), this is a very different thing from precluding a respondent in a quo warranto proceeding, instituted by a party claiming to have received a majority of the legal votes cast in an election, from defending his right to the office under prima facie title by virtue of a commission issued to him by the Governor by showing that the votes cast for his opponent claiming the majority were illegal. The reason an unsuccessful candidate cannot contest an election in a quo warranto proceeding is that the statute (Code, ยง 34-2801 et seq.) provides the sole and exclusive method by which an unsuccessful candidate may go behind the election returns, and therefore the court in w