Smith v. Fuller
Supreme Court of Georgia
Injunction. Before Judge Fite. Lade superior court. January 15, 1910. The County of Lade and Fuller, as ordinary, filed their equitable petition, alleging, in brief, as follows: In 1907 the County of Dade recovered a judgment against John M. Castleberry as principal, and D. E. Tatum, T. F. Smith, George W. Cureton, and J. R. Brock, sureties. Castleberry had been treasurer of the county, and the other defendants were the sureties on his official bond.
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Injunction. Before Judge Fite. Lade superior court. January 15, 1910. The County of Lade and Fuller, as ordinary, filed their equitable petition, alleging, in brief, as follows: In 1907 the County of Dade recovered a judgment against John M. Castleberry as principal, and D. E. Tatum, T. F. Smith, George W. Cureton, and J. R. Brock, sureties. Castleberry had been treasurer of the county, and the other defendants were the sureties on his official bond. Before ancl after the judgment Smith, Tatum, and Cureton paid upon the indebtedness certain sums, which were paid into the treasury of the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) It was alleged that a county recovered a judgment on the bond of its treasurer, against him and his sureties; and that before and after the judgment was rendered the sureties paid upon the indebtedness certain sums, which were paid into the county treasury. When this was done, the indebtedness was discharged to the extent of such payments, relatively to the sureties. The money became a part of the general county funds, and belonged to the county just as completely as any other funds in its treasury arising from taxation or other sources. The sureties did…
2Cases cited8 opinions
- Winter v. JonesSupreme Court of Georgia · 1851
- Franklin County v. CrowSupreme Court of Georgia · 1907
- Neal Loan & Banking Co. v. ChastainSupreme Court of Georgia · 1904
- McClelland v. State ex rel. SpeerIndiana Supreme Court · 1894
- Park v. CandlerSupreme Court of Georgia · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Hogansville Banking Co. v. City of HogansvilleSupreme Court of Georgia · 1923
- McRae v. SearsSupreme Court of Georgia · 1936
- Maddox v. Anchor Duck MillsSupreme Court of Georgia · 1929
- Sammons v. Glascock CountySupreme Court of Georgia · 1926
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