Legal Opinion

Justices of the Inferior Court v. Smith

Supreme Court of Georgia

Decided July 15, 1853No. 74PublishedCited by 6 opinions

Debt on bond, in Lee Superior Court. Tried before Judge Perkins, May Term, 1853. This was an action of debt, upon the following bond: “GEORGIA, Lee County: Know all men by these presents, that we, James A. II. Macon, and Britton G. Smith, and Zadock Jackson, are held and firmly bound unto Ashly Philips, Griffin Smith, George C. Ticknor, Bennett II.

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Debt on bond, in Lee Superior Court. Tried before Judge Perkins, May Term, 1853. This was an action of debt, upon the following bond: “GEORGIA, Lee County: Know all men by these presents, that we, James A. II. Macon, and Britton G. Smith, and Zadock Jackson, are held and firmly bound unto Ashly Philips, Griffin Smith, George C. Ticknor, Bennett II. Ely and Edward Y. Munroe, Justices of the Inferior Court of said County, for the time being, and their successors in office, in the penal sum of fifteen hundred dollars, for the payment whereof, we bind ourselves and heirs, executors and…

1Opinion of the Court

*504 By the Court.

Starnes, J.

delivering the opinion.

Error is assigned in this case, because the Court decided that the plaintiffs had no sufficient cause of action, inasmuch as the bond on which they brought suit, was illegal and void.

We are of the opinion, that it is a valid bond, for the following reasons.:

[1.] The Justices of the Inferior Court are the agents and trustees for the control and management of various public interests in the County of which they are officers. Among these, are the funds for the education of the poor.

For the purposes of this agency, as this Court has held in the case…

2Cited by6 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
  2. Sivell v. HoganSupreme Court of Georgia · 1903
  3. Wright v. Floyd CountyCourt of Appeals of Georgia · 1907
  4. Simms v. LideSupreme Court of Georgia · 1894
  5. Austin & Ellis v. CoxSupreme Court of Georgia · 1878

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