114 Ga. 724 | Ga. | 1902
The petition of Holton made substantially the following allegations. In 1897, petitioner was duly elected treasurer ■of the City of Baxley, and gave bond, as required by the city charter, for the faithful discharge of his duties. His duties were to receive all money paid to the city council, and pay out the same upon vouchers signed by the mayor and approved by the council, to keep a record of all money received and paid out by him, and make a statement thereof to the council every three months; and his compensation was to be two and one half per cent, commission upon all money received, and two and one half per cent, commission upon all money paid out by him for the city. During petitioner’s term of office, the council of the City of Baxley received $5,670 in money realized from the sale of bonds duly and legally issued by. the city, and paid out of this fund the sum of '$4,318.41. As a matter of legal right, petitioner should have received this money and paid it out on vouchers signed by the mayor and approved by the council; but the mayor and council, in order to avoid paying petitioner commissions on this sum, illegally withheld the money from him. Petitioner alleges that he is entitled to receive commissions on this money, just as if it had passed through his hands; and he therefore sues for its recovery, in the amount of $249.71,
Judgment affirmed.