Price v. Douglas County
Supreme Court of Georgia
Officers. County Matters. Treasurer. Evidence. Principal and Surety. Before Judge Harris. Douglas Superior Court. January Term, 1886. On April 7,1885, the ordinary of Douglas county issued an execution against D. W. Price, the former treasurer of that county, and the sureties on his bond.
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Officers. County Matters. Treasurer. Evidence. Principal and Surety. Before Judge Harris. Douglas Superior Court. January Term, 1886. On April 7,1885, the ordinary of Douglas county issued an execution against D. W. Price, the former treasurer of that county, and the sureties on his bond. It was recited in thefi.fa. that Price qualified and gave bond on January 25, 1883; that county orders were issued by the proper authorities to various persons to the amount of $1,813.70; that the county treasurer had the necessary funds in hand to pay these orders, but failed and refused either to pay them…
1Opinion of the Court
Hall, Justice.
The affidavit of illegality filed by the county treasurer to this execution raises no issue as to the authority of the ordinary to issue the same, or as to his failure to observe any condition required by law, as to notice or settlement, previous to taking action thereon; and although these questions were discussed at the bar, we decline to express an ■ opinion upon them. If the execution issued, or was proceeding illegally upon any of these grounds, they should have been set up and insisted on in the affidavit, so that the opposite party might have been notified of the…
2Cases cited2 opinions
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