Walls v. Garrett

6 Citing cases

  1. Lewis v. O'Day

    667 S.E.2d 594 (Ga. 2008)   Cited 1 times

    [Cit.]" Walls v. Garrett, 247 Ga. 640, 646 (1) ( 277 SE2d 903) (1981). The trial court found that there was no evidence to support the claim that the actions of either the designated election superintendent or O'Day changed or placed in doubt the results of the election and "`a trial court's findings in an election contest will not be disturbed unless clearly erroneous.

  2. Miller v. Hodge

    905 S.E.2d 562 (Ga. 2024)   Cited 1 times

    [2] We have long held that this mootness principle applies in the election context. See, e.g., Clements v. Wilkerson, 151 Ga. 467, 107 S.E. 47 (1921) (where no supersedeas was obtained and the election was duly held, an appeal from the refusal of an injunction to prevent the holding of an election was moot); Logan v. Johnson, 247 Ga. 640, 640, 277 S.E.2d 913 (1981) ("Inasmuch as the general election was held on November 4, 1980, it is too late to conduct a new primary election.

  3. Middleton v. Smith

    273 Ga. 202 (Ga. 2000)   Cited 5 times
    Reversing invalidation of election

    Although not included in the trial court's findings, it was uncontested at the hearing that the sheriff also prepared 38 applications for absentee ballots for the Democratic primary, filling in all the necessary information save the elector's signature. This dissent must echo the lament in the dissent in Walls v. Garrett, 247 Ga. 640 ( 277 S.E.2d 903) (1981): "The trial court found the election system in [the county] in disarray. This decision approves that `system.

  4. Haynes v. Wells

    273 Ga. 106 (Ga. 2000)   Cited 22 times

    Normally, the person challenging an election has the burden of proof as to the allegations contained in the complaint. Hendry v. Smith, 270 Ga. 17 ( 505 S.E.2d 216) (1998); Walls v. Garrett, 247 Ga. 640 (1) ( 277 S.E.2d 903) (1981). Under the majority's approach, a person could simply file a complaint contesting an election and then sit back and force the challenged person to prove entitlement to hold office.

  5. McCranie v. Mullis

    267 Ga. 416 (Ga. 1996)   Cited 9 times

    OCGA § 21-2-522.Walls v. Garrett, 247 Ga. 640 ( 277 S.E.2d 903) (1981). This figure comes from the difference between the total ballots cast (8060) and the ballots cast in the commissioner's race (7925) plus the margin of victory in the commissioner's race (28).

  6. Stiles v. Earnest

    312 S.E.2d 337 (Ga. 1984)   Cited 12 times
    Holding that evidence of illegality was sufficient to warrant new election

    [Cit.] The contestant `must show that a sufficient number of electors voted illegally or were irregularly recorded in the contest being challenged to change or cast doubt on the election.' [Cit.]" Walls v. Garrett, 247 Ga. 640, 646 ( 277 S.E.2d 903) (1981). See also Johnson v. Rheney, 245 Ga. 316 ( 264 S.E.2d 872) (1980).