Duer v. Thweatt
Supreme Court of Georgia
Constitutional law. Insolvent costs. Before Judge Johnson. Muscogee Superior Court. May Term, 1869. Adolphus Rutherford was Clerk of the Superior Court of Muscogee from 1855 to 186-. He died in 1861 or 1862, leaving a claim for insolvent costs accruing to him in the criminal cases in said Court.
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Constitutional law. Insolvent costs. Before Judge Johnson. Muscogee Superior Court. May Term, 1869. Adolphus Rutherford was Clerk of the Superior Court of Muscogee from 1855 to 186-. He died in 1861 or 1862, leaving a claim for insolvent costs accruing to him in the criminal cases in said Court. At November Term, one Pond, under direction from Judge "Worrill, produced said account, by items, made affidavit to its correctness, and the Court ordered the amount apparently due on said account, $1,660 65, to be paid to Thweatt, as administrator of said Rutherford, out of any funds that might be…
1Opinion of the CourtBrown, C. J.
I. The costs due clerks and sheriffs in this State, in insolvent criminal cases, are a debt due by the public. But the only general provision made by law for their payment is that they be paid out of fines and forfeitures, collected in their respective counties, according to the priorities established by law.
An order passed by the Superior Court, allowing a certain sum to the Clerk for costs in insolvent criminal cases, is a judgment of a Court of competent jurisdiction over the persons interested and the subject matter, which cannot be attacked collaterally in a subsequent litigation between…
2Cases cited6 opinions
- Rodgers v. EvansSupreme Court of Georgia · 1850
- Cochran v. DavisSupreme Court of Georgia · 1856
- Kelsey & Halstead v. L. M. Wyley, Parish & Co.Supreme Court of Georgia · 1851
- Bradwell v. SpencerSupreme Court of Georgia · 1855
- Crutchfield v. StateSupreme Court of Georgia · 1858
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3Cited by6 opinions
- Davis v. AlbrittonSupreme Court of Georgia · 1907
- Clark v. ReynoldsSupreme Court of Georgia · 1911
- Patterson v. BoydSupreme Court of Georgia · 1955
- Laurens County v. GayCourt of Appeals of Georgia · 1968
- Banks County v. StarkSupreme Court of Georgia · 1956
1 more not listed; retrieve them via the Exa API.