King v. Barker
Supreme Court of Georgia
Petition for mandamus, from Forsyth county. Decision by Judge Rice, at February Term, 1859. This was an application by Elisha King, for a mandamus to be directed to Hubbard Barker, ordinary and commissioner of the poor school fund, for the county of Forsyth, to compel said Barker to pay to petitioner the amount of certain claims and accounts due to him, out of said fund in the hands of said Barker.
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Petition for mandamus, from Forsyth county. Decision by Judge Rice, at February Term, 1859. This was an application by Elisha King, for a mandamus to be directed to Hubbard Barker, ordinary and commissioner of the poor school fund, for the county of Forsyth, to compel said Barker to pay to petitioner the amount of certain claims and accounts due to him, out of said fund in the hands of said Barker. The petition alleges that sixteen of the teachers of said county (naming them) had claims for teaching poor children, for the years 1853,1854,1855 and 1857, which claims had been audited in the…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
The judgment of the Court below was, that the School Commissioner should pay all the accounts pro rata, regardless of their dates. Was that judgment right ? We think that it was. It followed the plain words of the act of 1857, on the subject. Those words are as follows:— “That all claims for teaching poor children shall be submitted to. said Commissioner, who shall have proof touching such service, and he shall allow and pay, when, in funds, all claims where, in his judgment under the proof, the service has been rendered, and the teacher really…
2Cited by1 opinion
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