Supreme Court of Georgia, 1939

Goodwin v. MacNeill

Supreme Court of Georgia · Decided May 9, 1939 · Duckworth

188 Ga. 182; 3 S.E.2d 675; 1939 Ga. LEXIS 511

Cases that cite this one

1 later published case cites this decision.

H. W. Denton and International Union of Electrical, Radio and Machine Workers, CIO v. City of Carrollton, Georgia (5th Cir. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Duckworth, Justice.

Where on conviction of a misdemeanor the accused was sentenced to serve' a prison term and to pay a fine, the prison term to be suspended on payment of the fine, and before an appeal had been entered, in order to obtain the release of her person, she paid the fine *183without deception or coercion, such payment was voluntary, and she could not, after the case had been reversed on appeal and had been nolprosed in the lower court, recover the amount of the fine. The court properly dismissed a petition for mandamus to enforce the repayment of the fine. Code, § 20-1007.

No. 12764. May 9, 1939. Rehearing denied June 17, 1939.

Judgment affirmed.

All the Justices concur. G. G. Battle, for plaintiff. Waller G. Ilendrix, Hughes Spalding, W. S. Northcutt, and E. Harold Sheais, for defendants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.