Grant v. McLester
Supreme Court of Georgia
Assumpsit, &c. and motion for new trial, in Muscogee Superior Court, May Term, 1850. Tried before Judge Alexander. N. McLester brought suit against plaintiffs in error on two notes of $250 each, payable to McLester or bearer. Flea — that the notes were given for an illegal consideration, viz : the sale of the office of Clerk of the Inferior Court of Muscogee County, by McLester to Grant.
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Assumpsit, &c. and motion for new trial, in Muscogee Superior Court, May Term, 1850. Tried before Judge Alexander. N. McLester brought suit against plaintiffs in error on two notes of $250 each, payable to McLester or bearer. Flea — that the notes were given for an illegal consideration, viz : the sale of the office of Clerk of the Inferior Court of Muscogee County, by McLester to Grant. On the trial, the defendants proved that McLester was Clerk, and that Grant did all of the services, acting as Deputy Clerk, and receiving the costs. McLester told one witness he had nothing to do with the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] By Statute, (5 and 6 Edw. 6, ch. 16, §§2, 3,) among other things, it is enacted, that all agreements for the sale or deputation of any office “ which concerns or touches any clerkship to be occupied in any Court of Record wherein justice is tobe administered,” shall he void. The Act of 49 Geo. III, in its tenth and eleventh sections, except from the operation of the Statute of Edward, lawful deputations and annual payments out of the fees, to any person formerly holding the office. Chitty on Contr. 720, 721. I see no reason why the Statute of…
2Cases cited1 opinion
- Tappan v. BrownNew York Supreme Court · 1832
3Cited by5 opinions
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- Glass v. HarwellCourt of Appeals of Georgia · 1929