Blain v. Hitch

Crawford, Justice.

For a misdemeanor James Smith was sentenced in the superior court of Glynn county, to paya fine of $50.00 and costs; or upon failure to pay, to serve ninety days in the chain gang. He paid the fine and costs with a promissory note made by the plaintiffs in error in this case. When they were sued upon the note, they set up, by way of defence against its payment, that it was given in satisfaction of the fine and costs against Smith, and, therefore, based upon an illegal consideration; that it was contrary to the policy of the law, and should not be enforced. The plea was…