010 Georgia Code

TITLE 9 - CIVIL PRACTICE

CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO

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

9-6-64 - How issues of law determined; time for final determination; appeal;
application to issues of fact

9-6-65 - Jury trial where facts at issue; time of trial; continuances

9-6-66 - Disposition of books and papers by judgment

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-60 - For what purpose quo warranto may issue; who may bring action

O.C.G.A. 9-6-60 =
9-6-60. For what purpose quo warranto may issue; who may bring action
This Writ of Quo Warranto is brought forth in the issuing into the inquire of Public Officials is
operating upon a de facto Office.

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.

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-61 - Writ lies against civil and military officers; Governor exempt
O.C.G.A. 9-6-61 (2010)
9-6-61. Writ lies against civil and military officers; Governor exempt
The Writ of Quo Warranto is to tried the assumed alleged Public Officials/Officers named below.

The question of who is the lawful Governor of this state may not be tried by quo warranto, but
the writ of quo warranto will lie to all other civil or military officers.

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-62 - When granted; how issues of fact tried

O.C.G.A. 9-6-62 (2010)

9-6-62. When granted; how issues of fact tried

The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact
made thereon must be tried as in equity cases.

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-63 - Service of writ and process
O.C.G.A. 9-6-63 (2010)
9-6-63. Service of writ and process
(a) As used in this Code section, the term "personal service" means service by placing a
copy of the writ and process in the quo warranto proceeding in the hands of the defendant.

(b) The writ and process in a quo warranto proceeding shall be served on the defendant
personally.
The will be serve by (a) or (b)

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-64 - How issues of law determined; time for final determination; appeal; application
to issues of fact

O.C.G.A. 9-6-64 (2010)

9-6-64. How issues of law determined; time for final determination; appeal; application to issues
of fact

(a) In all applications for writs of quo warranto, of informations in the nature of quo warranto, or
of proceedings by such writs to determine the right to hold office, where the case presented by
the applicant involves only questions of law, the same may be determined, as are equitable
proceedings, by the judge of the superior court before whom the case was begun; and the judge
shall so order all the proceedings connected with and usual in such cases that the final
determination shall be had by him within ten days from the commencement of the action,
application, or proceeding. If either party to the application or proceeding desires to except to the
final decision of the judge of the superior court, he shall file an appeal as in other cases, and the
duties of the clerk shall be the same as in other cases.

(b) All the provisions of subsection (a) of this Code section are extended to proceedings quo
warranto, or writs of that nature, involving issues of fact to be tried by a jury, when the same can
be applied; but nothing in the subsection shall be construed to affect any rights or remedies in
this class of cases which are not covered thereby.

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-65 - Jury trial where facts at issue; time of trial; continuances

O.C.G.A. 9-6-65 (2010)

9-6-65. Jury trial where facts at issue; time of trial; continuances

In cases where the facts alleged are denied by the defendant or defendants on oath, the judge
shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall
have the power to fix a day for trial of the issue of fact with an order that the sheriff shall notify
the parties of the time and place of trial. The date fixed for the trial shall not be less than ten nor
more than 30 days from the date of the order. The judge shall have the discretion to continue the
hearing from day to day, as provided for in other cases.
2010 Georgia Code
TITLE 9 - CIVIL PRACTICE
CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 4 - QUO WARRANTO
9-6-66 - Disposition of books and papers by judgment

O.C.G.A. 9-6-66 (2010)

9-6-66. Disposition of books and papers by judgment

Whenever the right to any office is decided, the judgment fixing the right shall further provide
for the delivery to the person held to be entitled to the office of all the books and papers of every
sort belonging to the office, which judgment shall be enforced as decrees in equity are enforced.