Mattox v. Board of Education
Supreme Court of Georgia
The Court of Appeals requested instructions from the Supreme Court upon the following questions (in Case No. 9278): “J. H. Mattox was, on the first Wednesday in October, 1910, regularly elected superintendent of education of Liberty County for the term of four years beginning May 7, 1912; and after his election had been declared by the proper authorities, his commission of office was duly forwarded by the Governor to the ordinary of Liberty County, with direction that it be…
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The Court of Appeals requested instructions from the Supreme Court upon the following questions (in Case No. 9278): “J. H. Mattox was, on the first Wednesday in October, 1910, regularly elected superintendent of education of Liberty County for the term of four years beginning May 7, 1912; and after his election had been declared by the proper authorities, his commission of office was duly forwarded by the Governor to the ordinary of Liberty County, with direction that it be delivered to Mattox upon presentation by him of a proper bond approved by the board of education of that county and his…
1Opinion of the CourtGilbert, J.
1. Where the government in good faith pays the salary incident to an office to a de facto officer holding by color of title while he is still in possession of the office, the government can not he compelled to pay it a second time to the officer de jure when he has recovered the office. Where, however, the government,'through its authorized board, does not act in good faith, but arbitrarily and illegally deprives the de jure officer of his office,' and pays the salary incident thereto to one who performs the duties of the office by virtue only of the illegal acts of the board, the de. jure…
2Cases cited9 opinions
- Mason v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1898
- Leonard v. City of Terre HauteIndiana Court of Appeals · 1911
- Eureka Pipe Line Co. v. RiggsWest Virginia Supreme Court · 1914
- Adams v. BassSupreme Court of Georgia · 1855
- Clark v. EveSupreme Court of Georgia · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Smith v. Board of EducationSupreme Court of Georgia · 1922
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Grimsley v. Twiggs CountySupreme Court of Georgia · 1982
- Talmadge v. CordellSupreme Court of Georgia · 1928
- Duffee v. JonesSupreme Court of Georgia · 1952
43 more not listed; retrieve them via the Exa API.