In the year 1900 the County' of Eannin issued bonds to the amount of $21,000, for the purpose of raising money with which to build a- court-house. During that year Thomas J. Wilson was ordinary, his term expiring December 31. He was succeeded in office by M. J. German, whose term began on the 1st day of January, 1901. On the last day of the year 1900, Wilson, in his official capacity as ordinary, sold the entire issue of bonds to Roby Robinson for $21,000. The purchaser paid for the bonds by drawing a check on the Maddox-Rucker Banking Company, of Atlanta. It was, however, agreed in writing between Wilson, as
1. It is obvious that in no view of the case was German accountable to the county treasurer for the $12,039.09 which was disposed of by his predecessor in office. German did, however, in his official capacity as ordinary, receive and take control of $8,960.91 of the proceeds of the bonds, and accordingly he.was, upon the theory presented by the plaintiff’s petition (to which, ashasbeen remarked, there was no demurrer), under a legal duty to turn the same over to the county treasurer, and could by mandamus be compelled to do so. The judgment of his honor of the trial court was necessarily predicated upon the idea that German could- thus be required to make a settlement with Aaron, the treasurer; for, to the extent above indicated, a mandamus absolute was granted. The judge, however, only directed German, as ordinary, to pay over to the treasurer the amount which was on hand at the time of the trial. In view of the pleadings and evidence, we are unable to perceive why the mandamus absolute should not have been made operative as to the gross sum of $8,960.91 which went into the hands of German. It was his duty, after collecting this amount, to pay over the whole of it to the treasurer; for, as ordinary, he had no authority of law for disbursing one cent thereof. Section 458 of the Political Code expressly declares that: “ All county funds are to be paid to and disbursed by the county treasurer, except such as may be specially excepted by law, and then to be collected and disbursed as specially directed.” Neither by demurrer nor by answer did the defendant present the contention that under any exception to this provision of the law he had a right to disburse this money. The bill of exceptions sued out by Aaron distinctly presents the point that the judge erred in failing and refusing to make the mandamus absolute to the extent of requiring the defendant to pay over to the plaintiff the sum of $8,960.91. We are decidedly of the opinion that this exception is well taken. The mandamus absolute, if
2. By the petition as amended the plaintiff distinctly set up a right to have from German a statement of the orders which had been drawn by his predecessor in office upon the fund realized from the sale of the bonds. The Political Code, §464, makes it the duty of the ordinary to furnish to the county treasurer “ a full statement of all orders issued.” The defendant did not, by demurrer or otherwise, challenge the alleged right of the plaintiff to have the statement thus demanded, and the proof showed that no such statement had been furnished. Upon these facts it was. the duty of the judge to grant a mandamus requiring German to furnish the treasurer with a statement covering all orders drawn against the fund raised for the purpose of building the new court-house.
Judgment reversed.