Wood v. Commissioners of Greene County
Supreme Court of Georgia
County matters. Schools. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. This case arose upon an ^execution issued against Wood, former county treasurer, by the county commissioners of Greene county, for $132.00 principal, with interest, and costs, alleged to be due for funds illegally retained by him. He denied the indebtedness by affidavit of illegality. The issue was submitted to the court upon an agreed statement of facts.
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County matters. Schools. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. This case arose upon an ^execution issued against Wood, former county treasurer, by the county commissioners of Greene county, for $132.00 principal, with interest, and costs, alleged to be due for funds illegally retained by him. He denied the indebtedness by affidavit of illegality. The issue was submitted to the court upon an agreed statement of facts. The illegality was overruled and the execution ordered to proceed. To this Wood excepted. The question of law made and decided…
1Opinion of the Court
Bleckley, Judge.
The true construction of the act of 1872 (Code, §1263), separates the county treasurer entirely from the school fund. He has nothing to do with it, no matter from what source it is derived. He is without power to receive or disburse it, and, of course, is entitled to no commissions upon it.
Judgment affirmed.
2Cited by2 opinions
- Commercial Trust Co. of Hagerstown v. Laurens CountsDistrict Court, S.D. Georgia · 1920
- Farmers' Loan & Trust Co. of New York v. Wilcox County, Ga.District Court, S.D. Georgia · 1922