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.
(Ga. L. 1868, p. 130, § 2; Code 1873, § 3205; Code 1882, § 3205; Civil Code 1895, § 4880; Civil Code 1910, § 5453; Code 1933, § 64-204.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 65 Am. Jur. 2d, Quo Warranto, §§ 127, 128.
C.J.S.- 74 C.J.S., Quo Warranto, § 80 et seq.