Peeples v. Walker
Supreme Court of Georgia
Motion, in Habersham Superior Court. Decision by Judge James Jackson. October Term, 1852. The questions in this case arose upon a rule to distribute money raised by a fine imposed by the Court. The rule was moved by D. H. Walker, the former Solicitor General, against W. J. Peeples, the present Solicitor, and the Clerk of the Court.
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Motion, in Habersham Superior Court. Decision by Judge James Jackson. October Term, 1852. The questions in this case arose upon a rule to distribute money raised by a fine imposed by the Court. The rule was moved by D. H. Walker, the former Solicitor General, against W. J. Peeples, the present Solicitor, and the Clerk of the Court. The points made were, 1. That the present incumbents are entitled to be preferred to the claims of the former Solicitor. 2. That the former Solicitor was not entitled to costs on bills voluntarily ml-prossed. 3. That the accounts of D. H. Walker were not examined,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] So far as concerns the accounts of the former Solicitor, Mr. Walker, audited and allowed since the Act of 1849, the Court was clearly right in disallowing them; for, by the Act of 1849, the incumbent who brings the fund into Court, is preferred expressly to his predecessor. His insolvent list for costs, that Act expressly declares, shall be first paid out of that fund, and then the orders of prior Solicitors, according to their priority. Cobb’s Jie.io Dig. 363.
[2.] We cannot give to this Act a retroactive force. The Legislature clearly did…
2Cited by3 opinions
- Bank of Norman Park v. Colquitt CountySupreme Court of Georgia · 1929
- Dennington v. Mayor of RobertaSupreme Court of Georgia · 1908
- Clark v. BlackSupreme Court of Georgia · 1911