Parrott v. Wilson
Supreme Court of Georgia
Criminal law. Fine. Pardon. Promissory notes. Judgment. Before Judge Underwood. Gordon Superior Court. August Term, 1873. An execution in favor of Josialí R. Parrott against Z. T. Wilson, based on a judgment rendered in Gordon superior court on April 8th, 1867, for $1262 55, principal, with interest and costs, was levied on certain land as the property of the defendant.
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Criminal law. Fine. Pardon. Promissory notes. Judgment. Before Judge Underwood. Gordon Superior Court. August Term, 1873. An execution in favor of Josialí R. Parrott against Z. T. Wilson, based on a judgment rendered in Gordon superior court on April 8th, 1867, for $1262 55, principal, with interest and costs, was levied on certain land as the property of the defendant. An affidavit of illegality was interposed on the ground that the execution had been “paid and settled in full.” The issue thus formed was submitted to the court without the intervention of a jury. The following facts appeared:…
1Opinion of the Court
Trippe, Judge.
1. It was held in 1 Kelly, 606, in the matter of J. J. R. Flournoy, attorney general, that so far as the public is interested in a fine imposed, the executive remission has the effect to restore it to the individual fined, although it had been paid over to the attorney or solicitor general, and by him to the county treasurer, before the executive pardon was granted; and that a fine thus remitted being in the hands of the attorney general or other officer of court, unappropriated in the manner prescribed by law, will be refunded under an order of court, by rule against such…
2Cited by4 opinions
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- Clay v. DrakeCourt of Appeals of Georgia · 1942
- Clay v. DrakeCourt of Appeals of Georgia · 1942