Goodwin v. MacNeill

Supreme Court of Georgia

Goodwin v. MacNeill

3 S.E.2d 675, 188 Ga. 182, 1939 Ga. LEXIS 511

CourtSupreme Court of Georgia

DecidedMay 9, 1939

DocketNo. 12764

StatusPublished

Cited by2 cases

This text of 3 S.E.2d 675 (Goodwin v. MacNeill) 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

Goodwin v. MacNeill, 3 S.E.2d 675, 188 Ga. 182, 1939 Ga. LEXIS 511 (Ga. 1939).

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Opinion

Duckworth, Justice.

Where on conviction of a misdemeanor the accused was sentenced to serve' a prison term and to pay a fine, the prison term to be suspended on payment of the fine, and before an appeal had been entered, in order to obtain the release of her person, she paid the fine [183]*183without deception or coercion, such payment was voluntary, and she could not, after the case had been reversed on appeal and had been nolprosed in the lower court, recover the amount of the fine. The court properly dismissed a petition for mandamus to enforce the repayment of the fine. Code, § 20-1007.

No. 12764. May 9, 1939. Rehearing denied June 17, 1939.

Judgment affirmed.

All the Justices concur. G. G. Battle, for plaintiff. Waller G. Ilendrix, Hughes Spalding, W. S. Northcutt, and E. Harold Sheais, for defendants.

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Duckworth, Justice.

Where on conviction of a misdemeanor the accused was sentenced to serve' a prison term and to pay a fine, the prison term to be suspended on payment of the fine, and before an appeal had been entered, in order to obtain the release of her person, she paid the fine [183]*183without deception or coercion, such payment was voluntary, and she could not, after the case had been reversed on appeal and had been nolprosed in the lower court, recover the amount of the fine. The court properly dismissed a petition for mandamus to enforce the repayment of the fine. Code, § 20-1007.

No. 12764. May 9, 1939. Rehearing denied June 17, 1939.

Judgment affirmed.

All the Justices concur. G. G. Battle, for plaintiff. Waller G. Ilendrix, Hughes Spalding, W. S. Northcutt, and E. Harold Sheais, for defendants.

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Bluebook (online)

3 S.E.2d 675, 188 Ga. 182, 1939 Ga. LEXIS 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-macneill-ga-1939.

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