Legal Opinion

Caldwell v. City or Rome

Court of Appeals of Georgia

Decided February 11, 1932No. 21290Published

1Opinion of the CourtJenkins, P. J.

1. “Powers of all public officers are defined by law, and all persons must take notice thereof. The public can not be estopped by the acts of any officer done in the exercise of a power not conferred.” Civil Code (1910), § 303; Laing v. Americus, 86 Ga. 756 (13 S. E. 107) ; Town of Wadley v. Lancaster, 124 Ga. 354 (52 S. E. 335) ; Southern Express Co. v. B. R. Electric Co., 126 Ga. 472 (55 S. E. 254). “A municipality can not be held liable upon an implied contract for the value of any benefits received by it under a contract made with one of its officials, where the municipality is expressly…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  2. Horkan v. City of MoultrieSupreme Court of Georgia · 1911
  3. Laing v. Mayor of AmericusSupreme Court of Georgia · 1891
  4. Hardy v. Mayor of GainesvilleSupreme Court of Georgia · 1904
  5. Neal v. Town of DecaturSupreme Court of Georgia · 1914

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