Stamper v. State
Supreme Court of Georgia
Motion, in Baker Superior Court. Decision by Judge Warren, April Term, 1852. The plaintiffs in error became bail in a recognizance for the appearance of Martin W. Stamper, Jr., who was charged with an offence in Baker Superior Court. A sci.fa. having issued against them to show cause why judgment should not be entered upon the recognizance, they surrendered the body of their principal in open Court, and moved an order of discharge.
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Motion, in Baker Superior Court. Decision by Judge Warren, April Term, 1852. The plaintiffs in error became bail in a recognizance for the appearance of Martin W. Stamper, Jr., who was charged with an offence in Baker Superior Court. A sci.fa. having issued against them to show cause why judgment should not be entered upon the recognizance, they surrendered the body of their principal in open Court, and moved an order of discharge. At the same time, the Solicitor General moved for leave to enter judgment for all the costs which had accrued up to that time, and the additional sum of fifty…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The securities in this case, surrendered their principal in open Court in discharge of their liability, on a forfeited recognizance, as provided by the 3d section of the Act of 1831, and the question made by this record is, whether the Solicitor General has the legal right to tax them with the payment of five per cent, commission on the amount of the bond, and to collect the same, as a condition precedeiit to their discharge from liability on such bond or recognizance ?
The Court below held that the securities should pay to the Solicitor…
2Cited by7 opinions
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- Walton County v. DeanCourt of Appeals of Georgia · 1918
- Leonard v. Mayor of EatontonSupreme Court of Georgia · 1906
- Clark v. ClarkSupreme Court of Georgia · 1911
- Hunter v. StateCourt of Appeals of Georgia · 1961
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