Stone v. Wetmore
Supreme Court of Georgia
Quo Warranto. Injunction, etc. Before Judge Schley. Chatham County. Chambers. March, 1871. Stone averred that he was the Ordinary of Chatham county, duly commissioned, in possession of the records and exercising the functions of the office; that during his temporary absence from Savannah, Wetmore, without authority of law, took possession of said office and records, and is assuming to act as Ordinary and is receiving the fees of the office, which are worth, say, $ 100 00 per…
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Quo Warranto. Injunction, etc. Before Judge Schley. Chatham County. Chambers. March, 1871. Stone averred that he was the Ordinary of Chatham county, duly commissioned, in possession of the records and exercising the functions of the office; that during his temporary absence from Savannah, Wetmore, without authority of law, took possession of said office and records, and is assuming to act as Ordinary and is receiving the fees of the office, which are worth, say, $ 100 00 per week. He filed a petition for quo warranto to eject Wetmore, but the Court refused to grant it, and that cause is…
1Opinion of the CourtMcCay, J.
If the defendant in this case is an intruder into the office, attempting without any show of right to exercise its duties and receive its fees, if he is, in fact, a mere trespasser, with no right to claim its proceeds, then any one who pays them to him, does so at his peril; his acts are all void, the receipt of the fees cannot.hurt the complainant.
But, if, as must be assumed, in order to give any show of foundation for this bill, he is a de facto officer, performing the duties of the position under such circumstances as justify him in demanding and receiving the fees, we know of no authority…
2Cases cited2 opinions
- Tappan v. GrayNew York Court of Chancery · 1842
- Eager v. PriceNew York Court of Chancery · 1831
3Cited by8 opinions
- District No. 21 United Mine Workers of America v. BourlandSupreme Court of Arkansas · 1925
- Smith v. MyersIndiana Supreme Court · 1887
- Young v. HamiltonSupreme Court of Georgia · 1910
- Lockard v. WisemanWest Virginia Supreme Court · 1954
- Ryan v. Hennepin CountySupreme Court of Minnesota · 1947
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