Elam v. Johnson
Supreme Court of Georgia
Attorney at law. Pauper. County funds. Before Judge Harvey. Floyd Superior Court.' January Adjourned Term, 1872. William D. Elam petitioned the Superior Court for a rule nisi requiring H. J. Johnson, as Ordinary of the county of Floyd, to show cause why the writ of mandamus should not *issue directing him to draw his draft on the county treasurer for the sum of $150 00, alleged to be due to relator for professional services rendered to a pauper.
Read the full summary
Attorney at law. Pauper. County funds. Before Judge Harvey. Floyd Superior Court.' January Adjourned Term, 1872. William D. Elam petitioned the Superior Court for a rule nisi requiring H. J. Johnson, as Ordinary of the county of Floyd, to show cause why the writ of mandamus should not *issue directing him to draw his draft on the county treasurer for the sum of $150 00, alleged to be due to relator for professional services rendered to a pauper. The petition made substantially the following case: At the January adjourned term, 1871, of Floyd Superior Court, there came on to be heard the case…
1Opinion of the Court
McCay, Judge.
It is admitted that there is no specific authority granted by law to the Ordinary to pay this demand, that it is nowhere, in terms, made a charge against the county. If it can be paid at all, it is under paragraph 5 of section 547 of the Revised Code, “to pay the expenses of the county for bailiffs at Courts, nonresident witnesses in criminal cases, fuel, servant hire, stationery, and the like.1’ But even, as to these expenses, the Ordinary can only pay such as are a legal charge against the county. Nor is it in the discretion of the Judge of the Superior *Court or the Ordinary…
2Cited by19 opinions
- Betts v. BradySupreme Court of the United States · 1942
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
- Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
- Bibb County v. HancockSupreme Court of Georgia · 1955
14 more not listed; retrieve them via the Exa API.