Sapp v. DeLacy
Supreme Court of Georgia
Mandamus. Before Judge Martin.- Dodge superior court. June 2, 1906. - ' John F. DeLacy filed a petition for mandamus against the county treasurer of Dodge county, alleging, that he was, during the years 1903 and 1904, solicitor-general of the Oconee circuit, which embraced the county of Dodge; that during these years he rendered service in misdemeanor cases in the superior court, and a large amount of money was realized from the hire of persons convicted in such cases, which…
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Mandamus. Before Judge Martin.- Dodge superior court. June 2, 1906. - ' John F. DeLacy filed a petition for mandamus against the county treasurer of Dodge county, alleging, that he was, during the years 1903 and 1904, solicitor-general of the Oconee circuit, which embraced the county of Dodge; that during these years he rendered service in misdemeanor cases in the superior court, and a large amount of money was realized from the hire of persons convicted in such cases, which money is now in the treasury of the county, and that he has an unpaid judgment, duly rendered in his favor, for…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) In the view which we take óf the case it is only necessary to determine the question raised by the demurrer to the petition. The demurrer was upon the-ground that it did not appear that the county treasurer had failed to. discharge any official duty which the law imposed upon him. The Penal Code, §1097, declares: “When a county hires out con*661victs, the money received as compensation for their labor shall be .applied to the pajunent of the fees of the officers of court, including justices and constables who rendered services in such cases, and to the witnesses’ fees,…
2Cases cited2 opinions
- Barron v. TerrellSupreme Court of Georgia · 1906
- Pulaski County v. DeLacySupreme Court of Georgia · 1902
3Cited by6 opinions
- Hutcheson v. MansonSupreme Court of Georgia · 1908
- Randolph County v. EllisSupreme Court of Georgia · 1908
- Binns v. FicklenSupreme Court of Georgia · 1908
- Allen v. PoolSupreme Court of Georgia · 1908
- Commissioners v. KenanSupreme Court of Georgia · 1911
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