Legal Opinion

Washburn v. Foster

Court of Appeals of Georgia

Decided October 24, 1952No. 34214PublishedCited by 4 opinions

1Opinion of the CourtSutton, C.J.

There is no authority of law for a sheriff or arresting officer to accept a cash bond or a deposit of money in lieu of bail from one charged with a criminal offense against the laws of this State; and, when an arresting officer requires or accepts a cash bond or a deposit of money in lieu of bail, the money remains the property of the person depositing it with such officer, and the officer holds it in trust for the depositor. Holt v. State, 11 Ga. App. 34 (74 S. E. 560). Since a sheriff has no authority under the laws of this State to require or accept a cash bond or a deposit of money in…

2Cases cited12 opinions

  1. Copeland v. DunehooCourt of Appeals of Georgia · 1927
  2. Griffin v. Augusta & Knoxville RailroadSupreme Court of Georgia · 1884
  3. Powell v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1932
  4. Hawkins v. National Surety Corp.Court of Appeals of Georgia · 1940
  5. Petty v. City of AtlantaCourt of Appeals of Georgia · 1929

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Land v. StateCourt of Appeals of Georgia · 1961
  2. Wilson v. StateCourt of Appeals of Georgia · 1993
  3. State v. HerrmanOhio Court of Appeals · 1961
  4. Washburn v. FosterCourt of Appeals of Georgia · 1954

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