Anderson v. DeKalb County

Jordan, Judge.

“A county is not liable to suit for any cause of action unless made so by statute” (Code § 23-1502); and where suit is instituted against a county, the petition must show the county’s statutory liability in order to set forth a cause of action. Seymore v. Elbert County, 116 Ga. 371 (42 SE 727); Newberry v. Hall County, 52 Ga. App. 472 (183 SE 664).

*331It is contended by counsel for the defendant that the trial court properly sustained the general demurrer to the petition for the reason that the plaintiff’s right to maintain this action is predicated upon the DeKalb County Merit…