Bank of St. Mary's v. State
Supreme Court of Georgia
Action on the ease, in the nature of a qui tarn action. Tried before Judge Iverson. November Adjourned Term of Muscogee Superior Court, 1852. This was an action brought upon the information of Philip A. Clayton, against the Bank of St. Mary’s, for the recovery of the penalty imposed by the Act of 1835, for the issuing of change bills, being bills under the denomination of five dollars.
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Action on the ease, in the nature of a qui tarn action. Tried before Judge Iverson. November Adjourned Term of Muscogee Superior Court, 1852. This was an action brought upon the information of Philip A. Clayton, against the Bank of St. Mary’s, for the recovery of the penalty imposed by the Act of 1835, for the issuing of change bills, being bills under the denomination of five dollars. On the trial, the issuing of one hundred and ninety bills of this description, (identified before the Jury,) was proven. A verdict was rendered in favor of the plaintiff, for the half of the penalty affixed by…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The Act of the Legislature of Georgia, passed December 24th, 1832, to prevent the circulation of bank bills under the denomination of five dollars, within the State, provides — “ That from and after the first day of September next, it shall not be lawful for any bank, or body corporate, invested with banking priviliges, or person or persons whomsoever, within the limits of this State, to issue, emit, pay away, pass, or circulate, any bank bill, note, ticket, or paper, purporting to be a bank note, or of the nature, character, of appearance of a…
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