Kelsey v. Hartsfield

Supreme Court of Georgia

Kelsey v. Hartsfield

12 S.E.2d 638, 191 Ga. 145, 1940 Ga. LEXIS 672

CourtSupreme Court of Georgia

DecidedNovember 13, 1940

Docket13538.

StatusPublished

This text of 12 S.E.2d 638 (Kelsey v. Hartsfield) 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

Kelsey v. Hartsfield, 12 S.E.2d 638, 191 Ga. 145, 1940 Ga. LEXIS 672 (Ga. 1940).

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Opinion

Grice, Justice.

The act of .august 20, 1927, as amended by the act of 1935, and as further amended by the act of 1937 (cited in the accompanying statement of facts, infra), providing certain old-age benefits for employees of the City of Atlanta, and, in case of death, to the widow, containing in section 2 of the act of 1927, supra, the provision that the employee “shall have served twenty-five years in active service of such city at the time of his retirement;” the petition for mandamus and the agreed statement of facts showing that the employee entered the service on March 14, 1914, and died April 25, 1939; and there being an interruption of service commencing September 15, 1921, and ending January 1, 1922, and another from August 1, 1923, to February 3, 1924; Held. that the character of the interruptions above referred to was such as to deny to the widow compensation, since they show that the employee had not “served twenty-five years in active service,” within the meaning ot the act. Judgment affirmed.

All the Justices concur. *146 Robert B. Blackburn, for plaintiff. J. O. Savage, E. L. Sterne, J. G. Murphy, and Frank A. Hooper ■Jr., for defendants.

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Grice, Justice.

The act of .august 20, 1927, as amended by the act of 1935, and as further amended by the act of 1937 (cited in the accompanying statement of facts, infra), providing certain old-age benefits for employees of the City of Atlanta, and, in case of death, to the widow, containing in section 2 of the act of 1927, supra, the provision that the employee “shall have served twenty-five years in active service of such city at the time of his retirement;” the petition for mandamus and the agreed statement of facts showing that the employee entered the service on March 14, 1914, and died April 25, 1939; and there being an interruption of service commencing September 15, 1921, and ending January 1, 1922, and another from August 1, 1923, to February 3, 1924; Held. that the character of the interruptions above referred to was such as to deny to the widow compensation, since they show that the employee had not “served twenty-five years in active service,” within the meaning ot the act. Judgment affirmed.

All the Justices concur. *146 Robert B. Blackburn, for plaintiff. J. O. Savage, E. L. Sterne, J. G. Murphy, and Frank A. Hooper ■Jr., for defendants.

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Bluebook (online)

12 S.E.2d 638, 191 Ga. 145, 1940 Ga. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelsey-v-hartsfield-ga-1940.