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Lawskills.com Georgia Caselaw
BEATTY et al. v. MYRICK, Ordinary, et al.
21929.
QUILLIAN, Justice.
Equitable petition. Chatham Superior Court. Before Judge Harrison.
This is an equitable action in which the plaintiffs seek to have adjudicated which of two named candidates was legally elected to represent the Third Senatorial District in the State Senate. Art. III, Sec. VII, Par. I of the Constitution of Georgia (Code Ann. 2-1901) provides: "Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs." The State Senate being vested by the Constitution with exclusive power to adjudge the qualifications of its own members, the trial court had no jurisdiction to entertain the case and properly sustained the general demurrers to the petition. Rainey v. Taylor, 166 Ga. 476 (143 SE 383).
James W. Head, John F. M. Ranitz, Jr., John B. Miller, Reginald Haupt, James W. Dorsey, for plaintiffs in error.
ARGUED JANUARY 15, 1963 -- DECIDED FEBRUARY 7, 1963.
Friday May 22 22:07 EDT


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