County of Dekalb v. Cloud

1. Under the facts of this case there was no voluntary payment or waiver of the funds. The officer’s mere failure to insist on receiving the funds because he would lobe his job if he demanded such funds dpes not amount to a gift or a voluntary payment. There was not a voluntary payment because there was no action based on a legal obligation by Cloud to the county to the funds which was present in the minds of both parties at the time. There was no evidence of an intention to waive. The case of Dunn v. Meyer, 193 Ga. 91 (17 S. E. 2d, 275), is distinguishable, in that in that case there was no…