Supreme Court of Georgia, 1897

Cobb v. Smith

Supreme Court of Georgia · Decided July 28, 1897 · Simmons

102 Ga. 585; 27 S.E. 763; 1897 Ga. LEXIS 631

Cases that cite this one

4 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

A prosecution instituted under the provisions of section 4366 of the Civil Code, for the purpose of causing the removal from office of a clerk of the superior court for any of the causes enumerated in said section, is a quasi-criminal proceeding, and if upon the trial of the issue joined therein the person accused be acquitted by the jury, neither the person upon whose relation the information was filed nor the State can cause the acquittal to be reviewed upon a motion for a new trial, or prosecute to this court a writ of error from an order overruling such a motion. Commissioners of Pilotage v. Tabbott, 72 Ga. 89; Mayor etc. of Hawkinsville v. Ethridge, 96 Ga. 326.

Bills of exceptions dismissed.

All concurring, except Cobb, J., disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.