The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging. It may be granted only after the application by some person either claiming the office or interested therein.
History. Orig. Code 1863, § 3135; Code 1868, § 3147; Code 1873, § 3203; Code 1882, § 3203; Civil Code 1895, § 4878; Civil Code 1910, § 5451; Code 1933, § 64-201.
Law reviews.
For comment on Rogers v. Medical Ass’n, 244 Ga. 151 , 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor’s appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).
For article, “2016 Georgia Corporation and Business Organization Case Law Developments,” see 22 Ga. St. Bar J. 58 (April 2017).
Structure Georgia Code
Chapter 6 - Extraordinary Writs
§ 9-6-60. For What Purpose Quo Warranto May Issue; Who May Bring Action
§ 9-6-61. Writ Lies Against Civil and Military Officers; Governor Exempt
§ 9-6-62. When Granted; How Issues of Fact Tried
§ 9-6-63. Service of Writ and Process
§ 9-6-65. Jury Trial Where Facts at Issue; Time of Trial; Continuances