Mitchell v. Speer
Supreme Court of Georgia
Mandamus. Decided by Judge Clark. Sumter county. Chambers. May, 1869. Mitchell presented to the Judge his petition, -averring that he is jailor of said county, and, as such, has been furnishing provisions for the prisoners in its jail, according to a contract between the Ordinaiy and sheriff, touching the compensation of the jailor; that there is now due him, on said account, $958 20, for which the Ordinary has given him orders on Moses Speer, the County-treasurer, drawn at…
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Mandamus. Decided by Judge Clark. Sumter county. Chambers. May, 1869. Mitchell presented to the Judge his petition, -averring that he is jailor of said county, and, as such, has been furnishing provisions for the prisoners in its jail, according to a contract between the Ordinaiy and sheriff, touching the compensation of the jailor; that there is now due him, on said account, $958 20, for which the Ordinary has given him orders on Moses Speer, the County-treasurer, drawn at various times, and for divers sums, from September, 1868 up to--, 1869 ; that the treasurer refuses to pay the orders,…
1Opinion of the CourtMcCay, J.
The answer of the treasurer “ that he had no funds ” of any kind on hand, would, uncontradicted, be conclusive against the making of the mandamus absolute. As, however, there is, in addition to this, an objection made of great importance to the citizens of counties, to-wit: that there are in existence older orders that the plaintiff’s, and as the plaintiff sets up that his order, being “for dieting prisoners,” takes precedence of all others, we will consider the question thus made.
*58It would seem of great importance to the public weal that the county authorities should have such a control over…
2Cited by10 opinions
- Albany Bottling Co. v. WatsonSupreme Court of Georgia · 1898
- Commissioners of Habersham County v. Porter Manufacturing Co.Supreme Court of Georgia · 1898
- Sullivan v. YowSupreme Court of Georgia · 1906
- McMillan v. TuckerSupreme Court of Georgia · 1922
- Morgan v. RustSupreme Court of Georgia · 1897
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