Upson v. Smith
Supreme Court of Georgia
Petition for mandamus. Before Judge Cobb. Clarke superior court. March 13, 1920. This is a proceeding for mandamus, brought on February 21, 1920, by Stephen C. Upson against the treasurer of Clarke County, E: I. Smith.
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Petition for mandamus. Before Judge Cobb. Clarke superior court. March 13, 1920. This is a proceeding for mandamus, brought on February 21, 1920, by Stephen C. Upson against the treasurer of Clarke County, E: I. Smith. The substance of the petition, as far as necessary to be stated, is to the following effect: Petitioner was solicitor of the city court of Athens for three consecutive terms, from September 12, 1907, to September 11, 1919. During his first term from September 12, 1907, to August 19, 1911, the date of the act placing the solicitor upon a salary instead of fees, the judge of the…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The act of 1S79 (Acts 1878-79, p. 291), establishing the city court of Clarke county (name changed by the act of 1894 to the city court of *215Athens), provided (see. 36) that all moneys arising from fines and forfeitures in the court should be subject to the payment of the fees of its officers; that for their insolvent costs they should have a lien upon the fines and forfeitures raised in the court; and that those in office at the time any money should be brought in, subject to insolvent costs, should be paid therefrom all their insolvent costs, before any…
2Cited by1 opinion
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