Stewart v. Gilliland

GARDNER, X

Appellant, license inspector for Etowah county, seeks to recover of the probate judge and surety on his bond the statutory penalty alleged to be due him on account of delinquency of automobile owners in securing licenses.

The argument of plaintiff’s counsel rests his right to relief upon the theory there was a breach of official duty on the part of the probate judge in failing to collect the penalty due from delinquent automobile owners to the license inspector when issuing their licenses, plaintiff having previously reported to the probate judge in writing the delinquency of said…