Lumpkin County v. Williams

Decided May 30, 1892

Supreme Court of Georgia · decided 1892-05-30

Counties. Ordinaries. Actions. Practice. Before Judge Wellborn. Lumpkin superior court. October term, 1891. A demurrer to the declaration was sustained, to which ruling the plaintiff excepted. The suit was by Lumpkin county against Williams for $600 and interest. The declaration alleged : Since April 27,1885, to the present time, Williams has been ordinary of the county.

Good law ✅— No negative treatment on recordhow we know

Decided 1892-05-30

How this case has been cited

Cited by 3 later decisions — most recently April 1921

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *389Judgment reversed.

The demurrer was upon the grounds: The petition did not set forth a cause of action ; and it showed on its face that defendant lawfully did all plaintiff charged him with doing. Defendant specially demurred to so much of the petition as charged him with having unlawfully drawn from the treasury the $305, upon the ground that the charge or demand for said sum was not plainly, fully and distinctly set forth, and did not put defendant on •notice of the items that went to make up the charge.

IT. H. Dean, M. L. Smith, Howard Thompson and George K. Loo per, for plaintiff.Price & Charters, R. Id. Baker and M. G. Boyd, contra.