Leonard v. Mayor of Eatonton
Supreme Court of Georgia
Certiorari. Before Judge Lewis. Putnam superior court. March 21, 1906. J. N. Leonard was tried in the mayor’s court of the City of Eatonton, charged with the violation of a municipal ordinance, and was convicted. The sentence of the court was that he pay a fine of $25, and the cost of the case, or, in default thereof, that he be; confined at labor upon the streets, sidewalks, or public works of said city, for a term of sixty days.
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Certiorari. Before Judge Lewis. Putnam superior court. March 21, 1906. J. N. Leonard was tried in the mayor’s court of the City of Eatonton, charged with the violation of a municipal ordinance, and was convicted. The sentence of the court was that he pay a fine of $25, and the cost of the case, or, in default thereof, that he be; confined at labor upon the streets, sidewalks, or public works of said city, for a term of sixty days. The accused carried his case-to the superior court by writ of certiorari. The judge of that court-overruled the certiorari, and the accused excepted. The ordinance;…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. At common law costs were not recoverable, eo nomine; and costs, as such, in criminal cases were unknown. In the absence of statutory authorization, no right to or liability for costs exists. 11 Cyc. 24, 267; 13 Cent. Dig. 14; State v. Kinne, 41 N. H. 238. "All officers charging costs, and exacting its 'payment from the pocket of the citizen, must always show the authority of the law to do so.” Stamper v. State, 11 Ga. 643. In State v. Cantieny, 34 Minn. 1, 7, it was said: "It is further objected that the ordinance-is invalid because the penalty…
2Cases cited5 opinions
- State v. CantienySupreme Court of Minnesota · 1885
- Brieswick v. Mayor of BrunswickSupreme Court of Georgia · 1874
- Williams v. SewellSupreme Court of Georgia · 1905
- Stamper v. StateSupreme Court of Georgia · 1852
- Carr v. City of ConyersSupreme Court of Georgia · 1890
3Cited by9 opinions
- Plunkett v. HamiltonSupreme Court of Georgia · 1911
- Hardy v. Mayor of EatontonSupreme Court of Georgia · 1907
- Wyatt v. BakerCourt of Appeals of Georgia · 1930
- McAlpin v. Chatham CountyCourt of Appeals of Georgia · 1921
- Bowles v. MaloneSupreme Court of Georgia · 1912
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