Legal Opinion · Concurrence

Southern Railway Company v. Turner

Court of Appeals of Georgia

Decided May 9, 1947No. 31555Published

1ConcurrenceFelton, J.

I do not think that the railroad could be held to have subjected itself to a statutory penalty by waiver or estoppel because to do so would be adding to a penal statute by implication which is not permissible. 23 Am. Jur. 631, 632, §§ 37, 38; 25 C. J., § 133, p. 1205; Southern Cotton Oil Co. v. Raines, 167 Ga. 880 (147 S. E. 77); Thompson v. Watson, 186 Ga. 396 (197 S. E. 774, 117 A. L. R. 484); Peterson v. State, 13 Ga. App. 766 (79 S. E. 927); Code (Ann. Supp.) § 102-102, catchwords “Penal Statutes.” However by amendment the plaintiff alleged that the claim filed was a verified claim but…

2Cases cited8 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Thompson v. WatsonSupreme Court of Georgia · 1938
  3. Harbin v. HuntSupreme Court of Georgia · 1921
  4. Twilley v. TwilleySupreme Court of Georgia · 1943
  5. Nixon v. NixonSupreme Court of Georgia · 1942

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