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WESTBERRY v. SAUNDERS

38809, 38845, 38846.

250 Ga. 240 (1982)

296 S.E.2d 596

WESTBERRY et al. v. SAUNDERS. SAUNDERS v. WESTBERRY et al. (two cases).

Supreme Court of Georgia.

Rehearing Denied November 19, 1982.

Attorney(s) appearing for the Case

Randall M. Clark, for Westberry et al.

Eddings & Berry, Stephen L. Berry, for Saunders.

SMITH, Justice.

Appellee Franklin E. Saunders was elected to the city council of St. Marys, Georgia in December 1980. In February 1982 appellants Wyman Westberry and Raymond L. Dyals brought the petition for a writ of quo warranto which forms the basis of case no. 38809 on appeal. They alleged that Saunders held office in contravention of Ga. Code Ann. § 89-101 (4), which makes certain persons ineligible to hold "any civil office," among them "persons holding...

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