2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 6 - Powers and Duties Generally
§ 45-6-7. Duty of Incumbent to Deliver Office Property to Successor - Generally
When any office is vacated, it is the duty of the incumbent, when requested, to deliver all books, papers, and other office property to his qualified successor.
(Orig. Code 1863, § 166; Code 1868, § 161; Code 1873, § 172; Code 1882, § 172; Civil Code 1895, § 269; Civil Code 1910, § 304; Code 1933, § 89-602.)
Cross references.- Provision in quo warranto judgment for delivery to proper officer of all books and papers belonging to the public office in question, § 9-6-66.
JUDICIAL DECISIONS
Complete relief granted in equity.
- Equity, having properly taken jurisdiction of the matter which was the gist of the injunction proceeding (prevention of discharged deputy from further performing duties of former office) had the right to give complete relief as to the incidental matters of possession of official keys and papers, irrespective of whether or not as to such incidental matters alone the petitioner would have had an adequate remedy at law by trover as to the keys, and by proceedings under this section as to the official papers. Denson v. Tarver, 186 Ga. 180, 197 S.E. 242 (1938).
Cited in Altman v. Taylor, 178 Ga. 689, 173 S.E. 828 (1934); Daniel v. Citizens & S. Nat'l Bank, 182 Ga. 384, 185 S.E. 696 (1936).
RESEARCH REFERENCES
C.J.S.
- 76 C.J.S., Records, § 37.
ALR.
- Duty of outgoing officer to see that person to whom money or other property is turned over is a duly qualified successor, 106 A.L.R. 195.
