Brown v. City of Union Point

Certain language used in Duke v. Rome, 20 Ga. 635, 636, as a negative pregnant, and quoted in Bartlett v. Columbus, 101 Ga. 300, 303 (28 S. E. 599, 44 L. R. A. 795), is relied on by the plaintiff and is as follows: “Can an action in any form be maintained against a municipal corporation for an error in judgment, only where exercising judicial functions, where no corruption and malice is imputed? We think not. Just as well upon principle sue this or any other court.” (Italics ours.) *214This language is to be taken as obiter, being in no wise necessary to the decision of either of those cases. The…