Shaw v. Mayor of Macon
Supreme Court of Georgia
Assumpsit, in Bibb Superior Court. Tried before Judge Allen, at November Term, 1856. Harvey W. Shatv was elected Marshal of the city of Macon for the year 1853, by the qualified voters of said city, and entered upon and discharged the duties of said office until June, when he was dismissed from office by the Mayor and Council of said city on the charges of gambling on Sunday; malpractice in office, and perjury.
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Assumpsit, in Bibb Superior Court. Tried before Judge Allen, at November Term, 1856. Harvey W. Shatv was elected Marshal of the city of Macon for the year 1853, by the qualified voters of said city, and entered upon and discharged the duties of said office until June, when he was dismissed from office by the Mayor and Council of said city on the charges of gambling on Sunday; malpractice in office, and perjury. He was paid up to the period of his dismissal, at the rate of one thousand^dollars per annum, that being the annual salary of the office, besides fees. He instituted this action…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
By the act of February 22d, 1S50, amendatory of the charter of the city of Macon, it is provided that the Marshal of that city shall “hold his office for twelve months.”
[1.] He, therefore, “is not subject to be removed from office at any time by a vote of a majority of Council;” and consequently, a recital in his official bond that he is subject to be so removed, is not true.
Therefore it was an error in the Court below to allow the official bond of the Marshal, containing such a recital, to be read in evidence.
[2.] The presentment not having…
2Cited by10 opinions
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
- Selby v. City of PortlandOregon Supreme Court · 1886
- State Board of Education v. County Board of EducationSupreme Court of Georgia · 1940
- City of Macon v. BunchSupreme Court of Georgia · 1923
- Raley v. Mayor of WarrentonSupreme Court of Georgia · 1904
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