Nichols v. Floyd County
Citation | 47 S.E.2d 163 |
Decision Date | 18 March 1948 |
Docket Number | No. 31899.,31899. |
Parties | NICHOLS. v. FLOYD COUNTY. |
Court | United States Court of Appeals (Georgia) |
Rehearing Denied March 31, 1948.
On Motion for Rehearing
Error from City Court of Floyd County; Jas. F. Kelly, Judge.
Proceeding by Floyd County against H. E. Nichols to recover overcharges allegedly paid to defendant as court reporter of the Superior Court of Floyd County. To review the judgment, defendant brings error.
Judgment reversed.
Graham Wright and Leon Covington, both of Rome, for plaintiff in error.
Maddox & Maddox, James Maddox and H. J. Fulbright, all of Rome, for defendant in error.
Syllabus Opinion by the Court.
1. The subject-matter of the instant case has been the basis of three cases formerly appealed to the Supreme Court. Walden v. Nichols, 201 Ga. 568, 40 S.E.2d 644; Floyd County v. Nichols et al. (Nichols v. Floyd County et al.), 201 Ga. 575, 577, 40 S.E.2d 648; and Walden v. Smith et al. (Floyd County v. Smith), 45 S.E.2d 660, 661, decided by the Supreme Court December 1, 1947. It will be observed by reference to those cases that the subject-matter in those cases and in the instant case brings into question compensation of the court reporter of the Superior Court of Floyd County. So far as the instant case is concerned, Floyd County brought a petition to recover from the court reporter of Floyd County several thousand dollars which are alleged to be overcharges. The petition reveals that the judge of the-Superior Court of Floyd County certified to the charges which were contained in orders presented by the courtreporter, and the amounts were paid to the court reporter by Floyd County. The instant case was brought in the City Court of Floyd County in two counts to recover from the court reporter these alleged overcharges. There was filed on behalf of the court reporter general and special demurrers to each of the counts. After the filing of these demurrers the county filed an amendment purporting to meet the special demurrers and set forth specifically the items alleged to be overcharges. In the amendment a new count, known as the third count, was added. This third count went more specifically into the items of the alleged overcharges. The bill of exceptions recites:
It will thus be seen that the only question for this court to here determine is whether the court erred in overruling the general demurrers to the petition as amended. We think it did. It is quite interesting to study the last opinion of the Supreme Court in which that court deals with the previous decisions of the Supreme Court concerning the subject-matter. In the First Division of the last opinion of the Supreme Court, after calling attention to the previous decisions of the Supreme Court, it is said: * * *"(Italics ours.) Further on and in conclusion, the Supreme Court said in the last case before it: " Thus it is that the Supreme Court has specifically and definitely held that the certificate of the judge of the superior court approving bills for compensation to the court reporter is a judgment of that court and can not be collaterally attacked. It is therefore conclusively clear that the instant petition which was filed in...
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