Allen v. Pool
Supreme Court of Georgia
Mandamus. Before Judge Brand. Gwinnett superior court. December 12, 1907. J. Y. Pool applied for a writ of mandamus against Allen as mayor of the City of Buford, Bennett and others as members of the city council, and Brogdon as treasurer. The applicant was the solicitor of the city court of Buford.
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Mandamus. Before Judge Brand. Gwinnett superior court. December 12, 1907. J. Y. Pool applied for a writ of mandamus against Allen as mayor of the City of Buford, Bennett and others as members of the city council, and Brogdon as treasurer. The applicant was the solicitor of the city court of Buford. He alleged, that as such he had represented the State, in a number of misdemeanor cases which had been terminated by verdicts of not guilty, or by orders of nolle prosequi, or by the sustaining of demurrers; that he was entitled to costs in such cases; that he had presented his claim to the mayor…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
The single controlling question in this case is whether, under the act of August 20, 1906 (Acts 1906, p. 176), the duty of auditing and approving the applicant’s claim and ordering it to be paid by the treasurer was imposed upon the mayor and members of the city council, and the duty of paying it was imposed upon the treasurer. The city court of Buford appears to have been the subject of much legislation. On December 17, 1901, an act was approved to establish “the city court of Buford, Gwinnett county, Georgia” (Acts 1901, p. 96). On August 1, 1906, an act was…
2Cases cited4 opinions
- Patterson v. TaylorSupreme Court of Georgia · 1896
- Pulaski County v. DeLacySupreme Court of Georgia · 1902
- Sapp v. DeLacySupreme Court of Georgia · 1907
- Holtzclaw v. RileySupreme Court of Georgia · 1901
3Cited by1 opinion
- Douglas v. Board of EducationSupreme Court of Georgia · 1927