Title 9, Chapter 6, Section 64
( 9-6-64)
(a) In all applications for writs of quo warranto, of informations
in the nature of quo warranto, or of proceedings by such writs to
determine the right to hold office, where the case presented by the
applicant involves only questions of law, the same may be
determined, as are equitable proceedings, by the judge of the
superior court before whom the case was begun; and the judge shall
so order all the proceedings connected with and usual in such cases
that the final determination shall be had by him within ten days
from the commencement of the action, application, or proceeding. If
either party to the application or proceeding desires to except to
the final decision of the judge of the superior court, he shall file
an appeal as in other cases, and the duties of the clerk shall be
the same as in other cases. (b) All the provisions of subsection (a) of this Code section are
extended to proceedings quo warranto, or writs of that nature,
involving issues of fact to be tried by a jury, when the same can be
applied; but nothing in the subsection shall be construed to affect
any rights or remedies in this class of cases which are not covered
thereby. |