92 Ga. 695 | Ga. | 1893
1. It appears from the record that the plaintiff in error was the solicitor or prosecuting officer of the county court of Jefferson county for the year 1880, and that he presented to the judge thereof an itemized bill for insolvent costs which had accrued to him for that year,.
2. The fact that the legislature abolished the court
3. Although the plaintiff' in error and other contestants for the fund may have agreed upon a statement of facts and submitted the matter in dispute to the county judge for his decision, and although that decision may have been taken by certiorari to the superior court, this, m our opinion, did not deprive the plaintiff in error of his right to sue out a mandamus against the county treasurer to compel him to pay the money on the order in question. As before remarked, the county judge had no jurisdiction to change or modify the order passed by his predecessor in 1880 ; and when that order was passed and placed on the minutes, it became a charge upon any funds arising in the county court from fines and forfeitures which might thereafter be paid into the county
4. It appears from the evidence that there had been no funds in the treasurer’s hands subject to order in favor of the plaintiff in error from the time he obtained it until this particular fund now in controversy was placed in the treasury. The order therefore did not become stale by the lapse of time. Judgment reversed.