Legal Opinion

Hogan v. State

Court of Appeals of Georgia

Decided February 4, 1913No. 4473Published

Indictment for cheating and swindling; from Baldwin superior court—Judge J. B. Park. September 17, 1912.

1Opinion of the CourtRussell, J.

The courts do not favor the use of criminal process to collect a debt. The accused was a minor. He had been convicted of a misdemeanor, and a fine of $60 imposed. The prosecutor paid this fine upon the promise of the accused to go to work for him as a farm laborer, beginning the first of the year, and receiving a stipulated sum per month. At the time this contract was made, the accused executed a mortgage as security for repayment of the money advanced by the prosecutor. The accused never performed any of the labor as stipulated in his contract, and has never repaid the money. He was…

2Cases cited2 opinions

  1. Harwell v. StateCourt of Appeals of Georgia · 1907
  2. Fuller v. StateCourt of Appeals of Georgia · 1907

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