Jones v. Bank of Cumming
Supreme Court of Georgia
Mandamus. Before Judge Gober. Forsyth superior' court. October 19, 1907. In August, 1907, the Bank of Cumming applied for a mandamus to compel H. V. Jones, as ordinary of Forsyth County, to issue an order or warrant on the treasurer of such county for the sum of $3,600, and to deliver the same to the petitioner.
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Mandamus. Before Judge Gober. Forsyth superior' court. October 19, 1907. In August, 1907, the Bank of Cumming applied for a mandamus to compel H. V. Jones, as ordinary of Forsyth County, to issue an order or warrant on the treasurer of such county for the sum of $3,600, and to deliver the same to the petitioner. The substance of the petition, in so far as here material, was: On January 9, 1905, Jones, as ordinary, entered into a written contract, a copy of which was attached to the petition, with Fred 'Wagener, under the terms of which Wagener was to build for the County of Forsyth a…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
In the view we take of the case, it is necessary to deal with only one point, and that is the one raised by the ground of demurrer that it did not appear from the petition that either of the contracts relied on as a basis for the mandamus was entered upon the minutes of the ordinary. It appears from the judgment rendered that the trial judge was of the opinion, that, as the bank had furnished the money to Wagener to enable him to erect the courthouse, the ground in question of the demurrer was not meritorious. In view of the prior decisions of this court,…
2Cases cited6 opinions
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- Peed v. McCrarySupreme Court of Georgia · 1894
- Akin v. OrdinarySupreme Court of Georgia · 1875
- Allen v. YoungSupreme Court of Georgia · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
- Weathers v. EasterlingSupreme Court of Georgia · 1922
- Orr v. RileySupreme Court of Georgia · 1925
- Board of Education v. YoungSupreme Court of Georgia · 1939
- Malcom v. WebbSupreme Court of Georgia · 1955
3 more not listed; retrieve them via the Exa API.