Ledbetter v. State
Court of Appeals of Georgia
Accusation of larceny, from city court of Sylvania — Judge Boy-kin. June 10, 1907. Ledbetter was indicted by the grand jury of Screven county for a misdemeanor.
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Accusation of larceny, from city court of Sylvania — Judge Boy-kin. June 10, 1907. Ledbetter was indicted by the grand jury of Screven county for a misdemeanor. The indictment was transferred from the superior court of Screven county to the city court of Sylvania, in rvhich the defendant filed a plea in abatement, alleging, in substance, that the indictment was delivered into court from the grand jury by one Gilbert, who was not the bailiff of the grand jury, and who was not a sworn officer of the court, and was without authority of law to hand the indictment into the court.; and that the…
1Opinion of the CourtPowell, J.
1. The office of deputy clerk of the superior court exists; therefore one may de facto hold that office who, because of a failure to take the oath, is not entitled to hold it de jure. The acts of such de facto officer are as effective in matters either civil or criminal as if he were regularly qualified. Civil Code, § 4359; Political Code, § 242; Ballard v. Orr, 105 Ga. 195 (31 S. E. 554); Gunn v. Tackett, 67 Ga. 725; Herrington v. State, 103 Ga. 318 (29 S. E. 931); Brooks v. Rooney, 11 Ga. 423; Allen v. State, 21 Ga. 219 (68 Am. D. 457); Tietjen v. Merchant’s Bank, 117 Ga. 503 (41 S. E. 730).
2Cases cited5 opinions
- Brooks v. RooneySupreme Court of Georgia · 1852
- Gunn v. TackettSupreme Court of Georgia · 1881
- Tietjen v. Merchants' National BankSupreme Court of Georgia · 1903
- Herrington v. StateSupreme Court of Georgia · 1898
- Ballard v. OrrSupreme Court of Georgia · 1898
3Cited by4 opinions
- Sarah Jane Underwood v. Rita HarkinsCourt of Appeals for the Eleventh Circuit · 2012
- Philpot v. WellsCourt of Appeals of Georgia · 1943
- Rosenblatt v. StateCourt of Appeals of Georgia · 1907
- Sarah Jane Underwood v. Rita HarkinsCourt of Appeals for the Eleventh Circuit · 2012