Legal Opinion

King v. State

Supreme Court of Georgia

Decided August 19, 1911PublishedCited by 22 opinions

The Court of Appeals certified the following questions: In the foregoing case an act of the General Assembly of this State, to wit, an act approved August 15, 1908 (Acts 1908, p. 83), entitled “An act to make it a misdemeanor to charge any rate of interest greater than five per'cent, per month, either directly or indirectly, and for other purposes,” is attacked as being unconstitutional; and a decision of the.following constitutional questions involved is necessary to a…

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The Court of Appeals certified the following questions: In the foregoing case an act of the General Assembly of this State, to wit, an act approved August 15, 1908 (Acts 1908, p. 83), entitled “An act to make it a misdemeanor to charge any rate of interest greater than five per'cent, per month, either directly or indirectly, and for other purposes,” is attacked as being unconstitutional; and a decision of the.following constitutional questions involved is necessary to a proper determination of tbe ease: First, is said act unconstitutional, null, and void upon the following alleged ground?…

1Opinion of the CourtHolden, J.

1. The title to the act attacked as unconstitutional is as follows: “An act to make it a misdemeanor to charge any rate of interest greater than five per cent, per month, either directly or indirectly, and for other purposes.” Section 1 of the act, omitting an exception with respect to licensed pawnbrokers, which is hereinafter set out, is as follows: “Be it enacted by the General Assembly of the State of Georgia, that it shall be a misdemeanor, punishable under section 1039 of the Penal Code of this State, for any person, company, or corporation to reserve, charge, or take, for any loan or…

2Cases cited9 opinions

  1. Griffith v. ConnecticutSupreme Court of the United States · 1910
  2. Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
  3. Atlantic Coast Line Railroad v. StateSupreme Court of Georgia · 1910
  4. State v. ShermanWyoming Supreme Court · 1909
  5. State v. HurlburtSupreme Court of Connecticut · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. StokesIllinois Supreme Court · 1917
  2. Kelleher v. MinshullWashington Supreme Court · 1941
  3. Ravitz v. Steurele, Justice of the PeaceCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
  5. Jackson v. BeaversSupreme Court of Georgia · 1923

17 more not listed; retrieve them via the Exa API.

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