Lumpkin County v. Williams
Supreme Court of Georgia
Counties. Ordinaries. Actions. Practice. Before Judge Wellborn. Lumpkin superior court. October term, 1891. A demurrer to the declaration was sustained, to which ruling the plaintiff excepted. The suit was by Lumpkin county against Williams for $600 and interest. The declaration alleged : Since April 27,1885, to the present time, Williams has been ordinary of the county.
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Counties. Ordinaries. Actions. Practice. Before Judge Wellborn. Lumpkin superior court. October term, 1891. A demurrer to the declaration was sustained, to which ruling the plaintiff excepted. The suit was by Lumpkin county against Williams for $600 and interest. The declaration alleged : Since April 27,1885, to the present time, Williams has been ordinary of the county. Under the fee-bill prescribed by law the ordinary is entitled to fifty cents for each order passed, meaning orders granted judicially in matters before the ordinary as a court and in the court of ordinary, but defendant…
1Opinion of the Court
*389 Judgment reversed.
The demurrer was upon the grounds: The petition did not set forth a cause of action ; and it showed on its face that defendant lawfully did all plaintiff charged him with doing. Defendant specially demurred to so much of the petition as charged him with having unlawfully drawn from the treasury the $305, upon the ground that the charge or demand for said sum was not plainly, fully and distinctly set forth, and did not put defendant on •notice of the items that went to make up the charge. IT. H. Dean, M. L. Smith, Howard Thompson and George K. Loo per, for plaintiff. Price &…
2Cited by3 opinions
- Franklin County v. CrowSupreme Court of Georgia · 1907
- McAlpin v. Chatham CountyCourt of Appeals of Georgia · 1921
- Johnston v. BradshawCourt of Appeals of Georgia · 1917