Gay v. McTimer

Supreme Court of Georgia

Gay v. McTimer

148 S.E.2d 172, 221 Ga. 841

CourtSupreme Court of Georgia

DecidedMarch 10, 1966

Docket23334

StatusPublished

Cited by1 cases

This text of 148 S.E.2d 172 (Gay v. McTimer) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gay v. McTimer, 148 S.E.2d 172, 221 Ga. 841 (Ga. 1966).

Pincite

Opinion

Grice, Justice.

This is an action by the Board of Commissioners of the Peace Officers’ Annuity and Benefit Fund against the former Sheriff of the City Court of Dublin, the clerk of that court and the members of the Board of Commissioners of Laurens County. It involves the disposition of fines and bond forfeitures in the City Court of Dublin during the September and December terms 1957 and the March term 1958. It prays for injunctive relief against disbursement of such funds, the recovery of a specified sum from said fines and forfeitures, the setting aside of two judgments ordering their disbursement, and general relief. However, the disbursement sought to be enjoined has subsequently taken place. Therefore the equitable feature of the case having been eliminated, and no other jurisdictional basis appearing, the Supreme Court does not have jurisdiction of this appeal. Ga. Const., Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). See also Henley v. Colonial Stages South, 184 Ga. 445 (191 SE 445).

Transferred to the Court of Appeals.

All the Justices concur, except Cook, J., disqualified.

Free access — add to your briefcase to read the full text and ask questions with AI

Grice, Justice.

This is an action by the Board of Commissioners of the Peace Officers’ Annuity and Benefit Fund against the former Sheriff of the City Court of Dublin, the clerk of that court and the members of the Board of Commissioners of Laurens County. It involves the disposition of fines and bond forfeitures in the City Court of Dublin during the September and December terms 1957 and the March term 1958. It prays for injunctive relief against disbursement of such funds, the recovery of a specified sum from said fines and forfeitures, the setting aside of two judgments ordering their disbursement, and general relief. However, the disbursement sought to be enjoined has subsequently taken place. Therefore the equitable feature of the case having been eliminated, and no other jurisdictional basis appearing, the Supreme Court does not have jurisdiction of this appeal. Ga. Const., Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). See also Henley v. Colonial Stages South, 184 Ga. 445 (191 SE 445).

Transferred to the Court of Appeals.

All the Justices concur, except Cook, J., disqualified.

Cite This Page — Counsel Stack

Bluebook (online)

148 S.E.2d 172, 221 Ga. 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-mctimer-ga-1966.

Opinion

Related

Cite This Page — Counsel Stack