James v. Douglas County
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Douglas superior court. May 22, 1907. James brought his equitable petition against the County of Douglas, seeking an injunction against the enforcement of a certain tax ñ. fa., and praying judgment for the sum of $300, alleged to be due him as fees for certain services performed by him as an attorney at law, under a contract of employment by the county.
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Equitable petition. Before Judge Kimsey. Douglas superior court. May 22, 1907. James brought his equitable petition against the County of Douglas, seeking an injunction against the enforcement of a certain tax ñ. fa., and praying judgment for the sum of $300, alleged to be due him as fees for certain services performed by him as an attorney at law, under a contract of employment by the county. It was alleged that petitioner performed the services contemplated under the contract of employment, and that the county received the benefit of the services so rendered. It does not appear that the…
1Opinion of the CourtBeck, J.
Under the law now embraced in the Political Code, §343, and in view of the construction placed upon the provisions of section 527 of the Code of 1868, relating to the same subject-matter, by this court in Pritchett v. Inferior Court, 46 Ga. 462, and in more recent eases where the ruling in that case has been followed, a petition in an action against a county, founded upon an alleged contract, is not good unless it affirmatively avers that such contract was entered upon the minutes of the proper authorities in charge of the financial affairs- of the county. Milburn v. Glynn County, 109 Ga. 473…
2Cases cited4 opinions
- Milburn v. Glynn CountySupreme Court of Georgia · 1899
- Holliday v. Jackson CountySupreme Court of Georgia · 1904
- Pritchett v. Inferior CourtSupreme Court of Georgia · 1872
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
3Cited by9 opinions
- PMS Construction Co. v. DeKalb CountySupreme Court of Georgia · 1979
- Weathers v. EasterlingSupreme Court of Georgia · 1922
- Bates v. Madison CountyCourt of Appeals of Georgia · 1924
- Hatcher v. Hancock County Commissioners of Roads & RevenuesSupreme Court of Georgia · 1977
- Malcom v. Fulton CountySupreme Court of Georgia · 1952
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