Legal Opinion
Rose v. MAYOR &C. OF THUNDERBOLT
Court of Appeals of Georgia
Decided February 4, 1954No. 34953PublishedCited by 4 opinions
1Opinion of the CourtCarlisle, J.
Money paid out by way of taxes or fines is voluntary, and may not be recovered back unless payment is made involuntarily and under duress, under an urgent and immediate necessity therefor, or to release or prevent immediate seizure of person or property. Code § 20-1007. Where, however, one is convicted in a recorder’s court, which has power to convict only under valid city ordinances, and no valid ordinance authorizes such conviction, payment of a fine to prevent immediate seizure of the person is not a voluntary payment, and may be recovered back. Clay v. Drake, 66 Ga. App. 544 (18 S. E. 2d…
2Cases cited6 opinions
- Hall v. City of MaconSupreme Court of Georgia · 1918
- White v. City of TiftonCourt of Appeals of Georgia · 1907
- Stembridge v. WrightCourt of Appeals of Georgia · 1924
- Daniel v. City of ClaxtonCourt of Appeals of Georgia · 1926
- Clay v. DrakeCourt of Appeals of Georgia · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Miami v. KetonSupreme Court of Florida · 1959
- Cotton v. Med-Cor Health Information Solutions, Inc.Court of Appeals of Georgia · 1996
- Cotton v. Med-Cor Health Information Solutions, Inc.Court of Appeals of Georgia · 1996
- State v. TarantinoSupreme Court of North Carolina · 1988