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GARNTO v. WHEELER

30326.

235 Ga. 405 (1975)

219 S.E.2d 721

GARNTO v. WHEELER et al.

Supreme Court of Georgia.

Decided October 21, 1975.

Attorney(s) appearing for the Case

Joe W. Rowland, for appellant.

Hodges Rowland, Dubignion Douglas, for appellees.

HALL, Justice.

On June 28, 1975, the City of Kite, Georgia, held an election for mayor. R. M. Garnto, plaintiff-appellant, received two votes more than the second-place candidate, Q. L. Josey. Subsequently, Q. L. Josey contested the election purportedly following the procedure of Code Ann. § 34A-1501 (a), a portion of the Georgia Municipal Election Code.

Thereafter, plaintiff Garnto filed a petition in mandamus against the election superintendent and...

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