Decatur Bank & Trust Co. v. Napier
Supreme Court of Georgia
Mandamus. Before Judge Hutcheson. DeKalb superior court. February 4, 1922. George M. Napier filed a petition alleging that subsequently to his retirement from the office of solicitor-general of the Stone Mountain Circuit, January 1, 1921, the Decatur Bank and Trust Company had collected the fees earned by the solicitor-general’s office from January 1 to December 3, 1921, including various items of costs aggregating a named sum, which under the law are due to-petitioner; and…
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Mandamus. Before Judge Hutcheson. DeKalb superior court. February 4, 1922. George M. Napier filed a petition alleging that subsequently to his retirement from the office of solicitor-general of the Stone Mountain Circuit, January 1, 1921, the Decatur Bank and Trust Company had collected the fees earned by the solicitor-general’s office from January 1 to December 3, 1921, including various items of costs aggregating a named sum, which under the law are due to-petitioner; and that this bank is by law subrogated to the rights of petitioner to such funds. He prayed that the defendant be required…
1Opinion of the CourtGilbert, J.
The decision in this case is controlled by the case of Wall v. Morris, 149 Ga. 632 (101 S. E. 683). The only issue, as shown by the statement which precedes the opinion, is whether fines and forfeitures paid into court since the act approved August 19th, 1918, which abolished the fee system as compensation for office of solicitor-general of the superior courts of the Stone Mountain Circuit, are subject to the judgment liens of the petitioner, who was a former solicitor-general. In the case above mentioned Presiding Justiee Beck, speaking for the court, said: “ While it is true that for his…
2Cases cited1 opinion
- Wall v. MorrisSupreme Court of Georgia · 1919
3Cited by3 opinions
- Felton v. WattsSupreme Court of Georgia · 1926
- Felton v. WattsSupreme Court of Georgia · 1926
- Hicks v. Bibb CountyCourt of Appeals of Georgia · 1932