40 S.E.2d 648 | Ga. | 1946
1. The treasurer of a county, against whom a mandamus proceeding is brought by a court reporter to enforce the payment of a claim alleged to be due him as official court reporter, may set off in the mandamus proceeding any amounts due the county by the reporter. In such a proceeding, neither the treasurer nor the county can obtain a money judgment against the reporter.
2. In a mandamus proceeding brought by a court reporter against the county treasurer, the county may intervene for the purpose of protecting the rights of the county as to the issues involved in such proceeding.
2. The only question raised by the cross-bill of exceptions is whether or not Floyd County was a proper party to intervene in the mandamus proceeding. It is earnestly insisted that the county can not intervene in this proceeding, because of language used inLamb v. Toomer,
Clarke v. Wheatley,
Judgment affirmed in part, and reversed in part on the mainbill of exceptions; affirmed on the cross-bill. All the Justicesconcur, except Duckworth, J., who dissents.