Decatur County v. Praytor, Howton & Wood Contracting Co.

Counsel for both sides treat the first question propóunded by the Court of Appeals as one asking whether the county is liable to be sued at all upon the cause of action stated therein. Counsel for the county assert, which is true, that “A county is not *931liable to suit in any cause of action, unless made so by statute.” Civil Code (1910), § 384. They next assert that there is no statute making the county liable to suit for this cause of action. They then draw the conclusion that, as there is no such statute, no action will lie against the county on the cause of action set out in this question.…