Supreme Court of Georgia, 1920

Printup v. Adkins

Supreme Court of Georgia · Decided August 16, 1920 · Hill

150 Ga. 347; 103 S.E. 843; 1920 Ga. LEXIS 178

Cases that cite this one

11 later published cases cite this decision.

Airport Authority of St. Marys v. City of St. Marys (Ga. Ct. App. 2009)
Allen v. Muskett (Ga. 1966)
Kemp v. MITCHELL CO. DEMO. EX. COM. (Ga. 1960)
Kemp v. Mitchell County Democratic Executive Committee (Ga. 1960)
Altman v. Cooper (Ga. 1956)
Caven v. Clark (United States District Court for the Western District of Arkansas 1948)
Bergman v. Dutton (Ga. 1948)
Cartledge v. City Council of Augusta (Ga. 1939)
Kinman v. Monk (Ga. 1934)
Sibley v. Park (Ga. 1932)
Avery v. Hale (Ga. 1928)

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

Hill, J.

1. Elections belong to the political branch of the government, and courts of equity will not interfere to protect a purely political right. Harris v. Sheffield, 128 Ga. 299, 303 (57 S. E. 305); Walls v. Brundidge, Ann. Cas. 1915C, 980, note and authorities cited (109 Ark. 250, 160 S. W. 230) ; Dallas v. Dallas Consolidated Electric Street R. Co., 105 Tex. 337 (148 S. W. 292). The present case falls within the general rule above announced.

2. Applying the principle announced above to the facts of this case, the court erred in granting a temporary injunction.

Judgment reversed.

All the Justices concur.

A demurrer and an answer were filed, which were substantially the same, alleging, among other things, that the contemplated action of the Executive Committee in recounting the ballots cast at the primary election violates no law, and is not in violation of § 137 of tbe Political Code; that there has been no contest on the ground of illegal votes cast; that § 137 of the code applies only to a contest on the ground of illegal votes; that the contest here is on the ground of an inaccurate count only, that the request is for the Executive Committee to recount the votes; that it is not necessary to specify the votes that were inaccurately or improperly counted, and in the nature of the case it would be impossible to do so, and therefore § 137 of the Political Code does not apply to a case like the instant one. The case was submitted to the trial judge on the pleadings, no evidence being introduced. He granted a temporary injunction, and the defendants excepted.

P. B. J ohnson, J ohn T. W est, and J. B. Burnside, for plaintiffs in error. I. S. Peebles Jr., C. H. Cohen, and B. J. Stephens, contra.

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