Nolan v. Cobb County
Supreme Court of Georgia
Gomplaint. Before Judge Patterson. Cobb superior court. January 21, 1913. C. T. Nolan brought suit against Cobb County, alleging, that the defendant was indebted to him in the sum of $100 on account of services; that he had performed a surgical operation upon one who was at the time in the custody of the sheriff of the county, ■ being then incarcerated in the jail; that the operation was performed at the instance of the sheriff, who brought the prisoner to be operated upon…
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Gomplaint. Before Judge Patterson. Cobb superior court. January 21, 1913. C. T. Nolan brought suit against Cobb County, alleging, that the defendant was indebted to him in the sum of $100 on account of services; that he had performed a surgical operation upon one who was at the time in the custody of the sheriff of the county, ■ being then incarcerated in the jail; that the operation was performed at the instance of the sheriff, who brought the prisoner to be operated upon to the sanitarium of the plaintiff; and that the ■board of county commissioners of roads and revenues for said county,…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) We think the general demurrer was .properly sustained in this case. Paragraph 6 of the petition, which contains the averment of the presentation of the account and an order approving same for the amount of $50, was stricken on demurrer. But treating that paragraph as a part of the petition, and considering the petition in its entirety, no *386cause of action was stated against the county. “A county is not liable to suit for any cause of action, unless made so by statute.” Civil Code, § 384. There is no law authorizing the sheriff of the county to bind the…
2Cases cited1 opinion
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