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HUGHES v. GRINER

17415.

208 Ga. 47 (1951)

65 S.E.2d 24

HUGHES et al. v. GRINER, Ordinary.

Supreme Court of Georgia.

Decided April 10, 1951.

Rehearing Denied May 16, 1951.

Attorney(s) appearing for the Case

L. J. Courson and McDonald & McDonald, for plaintiffs.

Franklin, Eberhardt & Barham, for defendant.

DUCKWORTH, Chief Justice.

Failure to comply with mandatory prerequisites to the holding of a special election, such as filing a petition to call the election as provided by law or advertising the election as required by law, renders the election void and equity will take jurisdiction and so decree. Whittle v. Whitley, 202 Ga. 633 (44 S.E.2d 241); Barrentine v. Griner, 205 Ga. 830 (55 S.E.2d 536). It is equally well settled that irregularities...

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