Holtzclaw v. Russ
Supreme Court of Georgia
Mandamus. District Court. Officers. Tax. Interest. These two cases, involving the same questions, were argued and decided together.
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Mandamus. District Court. Officers. Tax. Interest. These two cases, involving the same questions, were argued and decided together. Jesse A. Holtzclaw petitioned the Judge of the Superior Courts of the Chattahoochee Circuit for a mandamus nisi against James D. Russ, Ordinary, requiring him to show cause why he should not be compelled to levy the tax as directed by law, to pay the petitioner the proportion of his salary as Judge of the District Court for the twenty-third Senatorial District, due by the county of Taylor, for the time he served prior to the abolishment of said Court by an Act of…
1Opinion of the Court
Trippe, Judge.
1. The leading question made in these cases, both in the response to the mandamus nisi and in the argument here is, that the District Judge and attorney were not appointed by the Governor with the advice and consent of the Senate, and, therefore, not being appointed according to law, are not entitled to the compensation they ask. The ground upon which the decision of that question is put in this ease, makes it unnecessary to enter into all the argument and learning involved in the discussion in Gormley vs. Taylor, 44 Georgia, 76. In that case, decided at the July term, 1871, it…
2Cited by3 opinions
- Wellborn v. EstesSupreme Court of Georgia · 1883
- Best v. MaddoxSupreme Court of Georgia · 1937
- Undercofler v. ScottSupreme Court of Georgia · 1964