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BEATTY v. MYRICK

21929.

218 Ga. 629 (1963)

129 S.E.2d 764

BEATTY et al. v. MYRICK, Ordinary, et al.

Supreme Court of Georgia.

Decided February 7, 1963.

Attorney(s) appearing for the Case

James W. Head, John F. M. Ranitz, Jr., John B. Miller, Reginald Haupt, James W. Dorsey, for plaintiffs in error.

Connerat, Dunn, Hunter, Houlihan & Maclean, Stanley W. Feiler, Malcolm Maclean, Corish, Smith & Remler, Malberry Smith, Bouhan, Lawrence, Williams, Levy & McAlpin, Sol Clark, Kirk McAlpin, Erwin A. Freidman, John W. Sognier, John R. Calhoun, Brannen, Clark & Hester, Friedman & Weiner, contra.

QUILLIAN, Justice.

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...

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