Civil Service Bd. of Fulton County v. MacNeill

Head, Justice.

(After stating the foregoing facts.) We treat this case as a petition in equity for interpleader. “‘Before an officer can be required to pay out public money, or be justified in doing so, those who demand its payment should be able to show a clear provision of the law which entitles them to receive it.’” Freeney v. Geoghegan, 177 Ga. 142 (169 S. E. 882). In this case the claimants to public moneys, Yancey and McFall, rely upon the Code, § 37-3703, for their appointment and claim of salary. Such section reads in part as follows: “The grand jury of any county may recommend to the…