Wood v. Commissioners of Greene County
Supreme Court of Georgia
County matters. Contracts. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. The county commissioners issued execution against Wood as county treasurer, for $1,066.24, besides interest, alleged to have been illegally retained by him out of the county funds as commissions, during the years 1873-1876. He denied the indebtedness by illegality.
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County matters. Contracts. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. The county commissioners issued execution against Wood as county treasurer, for $1,066.24, besides interest, alleged to have been illegally retained by him out of the county funds as commissions, during the years 1873-1876. He denied the indebtedness by illegality. The evidence showed that from February, 1873, to July, 1876, the county, a part of the time through the ordinary, and a part through the commissioners, borrowed money on notes and bonds, to the amount of $21,324.83; that, out of…
1Opinion of the Court
Bleckley, Judge.
It did not appear that, in retaining commissions, the treasurer diminished the county funds proper. He had no right to do that. If he paid himself out of the borrowed money, he injured the lenders, and not the county. The lenders could not collect out of the county more than went to its proper use. And paying the treasurer to manipulate the fund, was not such use as the county could be charged with. The treasurer has no right to make the county pay him any commissions on money illegally borrowed, but, unless he retained commissions out of the county funds, and not out of the…
2Cited by6 opinions
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Roberts v. DancerSupreme Court of Georgia · 1915
- Citizens Bank v. Rockdale CountySupreme Court of Georgia · 1923
- Baker v. Rockdale CountySupreme Court of Georgia · 1925
- Sumter County v. National Surety Co.Supreme Court of Georgia · 1927
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