Carroll v. Ragsdale

• Decision Date: 14 May 1941
• Docket Number: Nos. 13716, 13717.,s. 13716, 13717.
• Parties: CARROLL. v. RAGSDALE et al., Commissioners. RAGSDALE et al., Commissioners. v. CARROLL.
• Court: Georgia Supreme Court

15 S.E.2d 210

CARROLL.
v.
RAGSDALE et al., Commissioners.
RAGSDALE et al., Commissioners.
v.
CARROLL.

Nos. 13716, 13717.

Supreme Court of Georgia.

May 14, 1941.

Syllabus by the Court.

To entitle a court bailiff of Fulton County to receive a salary of $200 per month, payment of such salary must be approved by the county authorities having charge of county finances. The amendment of section 876 of the Penal Code of 1910 (Code of 1933, § 59-120), approved August 15, 1927 (Ga. L. 1927, p. 135), requires, as a condition precedent to the payment of court bailiffs' salaries thereunder, the approval of such payment by the county authorities having charge of the county finances. The provision requiring approval is not satisfied for all future years by an approval in 1927, but under the act approval of such payment must be given by the county authorities each year, and the amount stated is construed to be a maximum, and the county authorities are authorized to approve the maximum or any other amount not exceeding the maximum.

Error from Superior Court, Fulton County; Edgar E. Pomeroy, Judge.

Mandamus action by Troy L. Carroll against J. A. Ragsdale and others, as commissioners of roads and revenues of Fulton County, and another, to compel payment of salary. To review a judgment dismissing the action on general demurrer, plaintiff brings error, and defendants bring cross-bill of exceptions to overruling of portion of demurrers.

Judgment affirmed on main bill of exceptions, and cross-bill dismissed.

By an act of 1879 (Ga.L.1878-9, p. 190; Code, § 59-120), it was provided that "it shall be the duty of the first grand jury

[15 S.E.2d 211]

empaneled at the fall term of the Superior Courts of the several counties of this State, to fix the compensation of jurors and court bailiffs of such county for the next succeeding year, such compensation not to exceed the sum of two dollars per diem." By amendment the maximum per diem was raised to three dollars. Ga.L.1919, p. 104. In 1922 the act was amended by adding the following: "In counties of 200, 000 population or more it shall be permissible for the grand jury impaneled at the fall term of the Superior Courts to fix compensation of court bailiffs in a sum not to exceed $5.00 per day." Ga.L.1922, p. 50. In 1925 the act was further amended by adding, after the words "such compensation not to exceed $3.00 per diem, " the following: "except in counties having a population of * * * 200, 000 or more, according to the last United States census, the compensation of court bailiffs as fixed by the grand jury shall be $150.00 per month, provided the Commissioners of Roads and Revenues, or other authority having control of county finances of such counties shall first approve the payment of such salaries and the number of deputies to be employed in each court." Ga.L.1925, p. 100. In 1927 the act was further amended by striking the figures "$150" and inserting in lieu thereof the figures "$200, " and by striking the word "deputies" and inserting in lieu thereof the word "bailiffs." Ga.L.1927, p. 135.

Troy L. Carroll brought an action for mandamus against J. A. Ragsdale, Ed L. Almand, Charles R. Adams, I. Gloer Hail-ey and Troy G. Chastain, as commissioners of roads and revenues, and Mrs. Mabel Abbott MacNeill as treasurer, of Fulton County. The petition as amended alleged, that the commissioners are the county officials having control of the finances of Fulton County; that at all times between February 1, 1932, and April 1, 1938, the petitioner was a bailiff in Fulton superior court, and qualified as such at each term of court during said period, taking the special oath required of court bailiffs; that he was entitled to receive compensation for his services in accordance with section 876 of the Penal Code of 1910, as amended by an act approved August 15, 1927 (Code of 1933, § 59-120), namely, $200 per month; that the commissioners of roads and revenues as then constituted, by a resolution dated September 7, 1927, approved the act...