Tucker v. Shoemaker
Supreme Court of Georgia
Mandamus. Before Judge Jones. Dawson superior court. August 5, 1918. The writ of error is to a judgment absolute rendered by the judge, to whom the case was submitted without the intervention of a jury.
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Mandamus. Before Judge Jones. Dawson superior court. August 5, 1918. The writ of error is to a judgment absolute rendered by the judge, to whom the case was submitted without the intervention of a jury. The suit was instituted by the sheriff of Dawson county against the ordinary of the county, for the writ of mandamus to compel the ordinary to approve a claim filed by the sheriff for payment of $25 from the general funds of the county, alleged to be due the sheriff under the provisions of section 16 of the act of 1915 (Ga. L. Ex. Sess. 1915, p. 77) as compensation for service as prescribed in…
1Opinion of the CourtAtkinson, J.
1. It was contended that the compensation provided in the act of 1915 was for a particular service to be rendered by the sheriff; and that mandamus absolute should not be granted, because it appeared that the sheriff did not personally render the *252service contemplated by the statute, and could not do so by an agent or any one else, except a lawfully constituted deputy, and as a matter oí fact no names were procured from the records of the collector of internal revenue and published in the county as provided in the act, and under such conditions no service had been rendered which would…
2Cases cited5 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Newton v. CommissionersSupreme Court of the United States · 1880
- State ex rel. Murphy v. BarnesSupreme Court of Florida · 1888
- Collins v. RussellSupreme Court of Georgia · 1899
- City Council v. SweeneySupreme Court of Georgia · 1871
3Cited by19 opinions
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Walton v. DavisSupreme Court of Georgia · 1939
- Culberson v. WatkinsSupreme Court of Georgia · 1923
- City of Macon v. BunchSupreme Court of Georgia · 1923
- County of Bibb v. WinslettSupreme Court of Georgia · 1941
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