Legal Opinion
Barwick v. Roberts
Supreme Court of Georgia
Decided September 11, 1941No. 13750PublishedCited by 14 opinions
1Opinion of the Court
1. The State can not be sued without its consent. Roberts v. Barwick, 187 Ga. 691 (1 S.E.2d 713).
2. Any suit against an officer or agent of the State, in his official capacity, in which a judgment can be rendered controlling the action or property of the State in a manner not prescribed by statute, is a suit against the State. Roberts v. Barwick, supra.
3. The State has the right to engage in any activity its legislative branch might choose, unless prohibited by the State or Federal constitution; and all such activities are governmental functions. Roberts v. Barwick, supra.
4. The activities of…
2Cases cited3 opinions
- Roberts v. BarwickSupreme Court of Georgia · 1939
- Newton v. City of AtlantaSupreme Court of Georgia · 1939
- Barwick v. RobertsSupreme Court of Georgia · 1939
3Cited by14 opinions
- Crowder v. Department of State ParksSupreme Court of Georgia · 1971
- McCoy v. SandersCourt of Appeals of Georgia · 1966
- Azizi v. Board of Regents of the University SystemCourt of Appeals of Georgia · 1974
- Pinnacle Properties V, LLC v. Mainline Supply of Atlanta, LLCCourt of Appeals of Georgia · 2012
- McElmurray v. Augusta-Richmond CountyCourt of Appeals of Georgia · 2005
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