State Highway Department v. W. L. Cobb Construction Co.
Court of Appeals of Georgia
1Opinion of the Court
Russell, Judge.
The State Highway Department first takes the position on demurrer that a State is never suable except by its consent, Thweatt v. State, 66 Ga. 673, and that therefore it, as an arm of State government, cannot be sued on this contract without its consent. Code § 95-1505 provides: “The Highway Department may sue and be sued and may make settlement of all claims presented to it under oath.” In 81 CJS! 1114, States, § 124, citing Regents of Univ. System v. Blanton, 49 Ga. App. 602 (176 SE 673) and Regents of Univ. System v. Woodward, 49 Ga. App. 608 (176 SE 677) it is stated: “The…
Also in this document: Concurrence.
2Cases cited23 opinions
- Andrews v. StateSupreme Court of Georgia · 1943
- Regents of the University System v. BlantonCourt of Appeals of Georgia · 1934
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Citizens & Southern National Bank v. KontzSupreme Court of Georgia · 1937
- Morris v. WarlickSupreme Court of Georgia · 1903
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Medical Center Hospital Authority v. AndrewsSupreme Court of Georgia · 1982
- National Distributing Co. v. Department of TransportationSupreme Court of Georgia · 1981
- Baby Days, Inc. v. Bank of AdairsvilleCourt of Appeals of Georgia · 1995
- International Software Solutions, Inc. v. Atlanta Pressure Treated Lumber Co.Court of Appeals of Georgia · 1990
- State Highway Department v. Hewitt Contracting Co.Court of Appeals of Georgia · 1966
19 more not listed; retrieve them via the Exa API.