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OWENS v. FLOYD COUNTY

36320.

94 Ga. App. 532 (1956)

95 S.E.2d 389

OWENS v. FLOYD COUNTY.

Court of Appeals of Georgia.

Decided November 9, 1956.

Attorney(s) appearing for the Case

Harris & Harris, Gary Hamilton, Wright & Glover, Maddox & Maddox, for plaintiff in error.

John W. Maddox, contra.

GARDNER, P. J.

This suit is brought on the principle that the fees were paid into the county under a mistake of law and that the county used this difference for the legitimate payment of obligations for which the county was legally bound and that the county got the benefit of this amount which, in equity and good conscience, the county cannot retain. In Butts County v. Jackson Banking Co., 129 Ga. 801, 807 (60 S. E. 149, 15 L. R. A. (NS) 567, 121 Am...

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