Legal Opinion

Park v. Candler

Supreme Court of Georgia

Decided June 13, 1901PublishedCited by 19 opinions

Mandamus. Before Judge Candler. Fulton superior court. May.4, 1901. Executive warrants, regularly drawn upon the school fund, and countersigned, to the amount of $260,306.18, for the payment of salaries of teachers of the common schools of the State, were presented for payment at the State treasury on April 18,1901. The treasurer declined to pay more than $77,294.83, on the ground that there was in the treasury no fund over that amount available for this purpose.

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Mandamus. Before Judge Candler. Fulton superior court. May.4, 1901. Executive warrants, regularly drawn upon the school fund, and countersigned, to the amount of $260,306.18, for the payment of salaries of teachers of the common schools of the State, were presented for payment at the State treasury on April 18,1901. The treasurer declined to pay more than $77,294.83, on the ground that there was in the treasury no fund over that amount available for this purpose. The total funds in the treasury amounted to $610,-045.26, of which $432,750.43 arose from the sale of public property, $100,000 was…

1Opinion of the CourtCobb, J.

1. The constitution of this State declares: “ The proceeds of the sale of the Western and Atlantic, Macon and Brunswick, ox-other railroads held by the State, and any other property owned by the State, whenever the General Assembly may authorise the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatever, so long as the State has any existing bonded debt.” Art. 7, sec. 13, par. 1.(Civil Code, § 5900). The fund in the State treasury derived from the sources indicated in the paragraph of the…

2Cases cited2 opinions

  1. Northeastern Railroad v. MorrisSupreme Court of Georgia · 1877
  2. Gurnee, Jr., & Co. v. SpeerSupreme Court of Georgia · 1882

3Cited by19 opinions

  1. Smith v. BaptisteSupreme Court of Georgia · 2010
  2. Park v. CandlerSupreme Court of Georgia · 1902
  3. Floyd County v. SalmonSupreme Court of Georgia · 1921
  4. Lindsey v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1929
  5. Smith v. FullerSupreme Court of Georgia · 1910

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