Dade County v. Lyemance
Court of Appeals of Georgia
Petition to distribute money; from Dade superior court- — ■ Judge Tarver. April 2, 1921. After paying all insolvent costs due officers of court for the year 1920, there was left a balance of $1,406.60 in the fines and forfeitures fund of Dade county. . A petition was brought for the distribution of this sum, the parties interested therein being L. S. Lyemance, clerk of the superior court; W. Ii.
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Petition to distribute money; from Dade superior court- — ■ Judge Tarver. April 2, 1921. After paying all insolvent costs due officers of court for the year 1920, there was left a balance of $1,406.60 in the fines and forfeitures fund of Dade county. . A petition was brought for the distribution of this sum, the parties interested therein being L. S. Lyemance, clerk of the superior court; W. Ii. Cross, former sheriff; W. N. Tatum, former sheriff; S. J. Hale, former clerk; Lonnie Smith, executor of estate of Martin G. Smith, deceased, former clerk. The case was submitted to the trial judge…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) 1. The first contention of the plaintiff in error is that the judgment of the lower court is contrary to law because “ no former clerk or sheriff, not the immediate predecessor of present incumbents, is entitled to share in the distribution of said fund at all.” This contention is without any semblance of merit, as section 1114 of the Penal Code of 1910 completely refutes it. That section is as follows: “ Money arising from fines, or collected on forfeited recognizances in the superior courts, or for a violation of the penal laws, shall be first applied to…
2Cases cited4 opinions
- Bartlett v. BrunsonSupreme Court of Georgia · 1902
- Clark v. ClarkSupreme Court of Georgia · 1911
- Freeman v. HardemanSupreme Court of Georgia · 1881
- Johnson v. LastingerSupreme Court of Georgia · 1919
3Cited by3 opinions
- Terrell v. JollySupreme Court of Georgia · 1948
- Walden v. BaleCourt of Appeals of Georgia · 1948
- Floyd County v. JohnsonCourt of Appeals of Georgia · 1950