Legal Opinion
Roberts v. Barwick
Supreme Court of Georgia
Decided February 16, 1939No. Nos. 12633, 12636PublishedCited by 75 opinions
1Opinion of the Court
Duckworth, Justice.
The pleadings and record in this case present three questions for determination; (1) Can the State be sued in any event without its consent? (2) Is the present suit against Boberts as Commissioner of Agriculture a suit against the State? (3) Are the activities of the Commissioner of Agriculture here involved State functions; and, if not, does the State by engaging therein lose its immunity to suit without its consent?
In the year 1860 this court, in Georgia Military Institute v. Simpson, 31 Ga. 273, 277, said: “The appeal, therefore, for compensation must be to the public…
2Cases cited17 opinions
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- South Carolina v. United StatesSupreme Court of the United States · 1905
- Smith v. ReevesSupreme Court of the United States · 1900
- North Carolina v. TempleSupreme Court of the United States · 1890
- Cannon v. MontgomerySupreme Court of Georgia · 1937
12 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Gilbert v. RichardsonSupreme Court of Georgia · 1994
- Hennessy v. WebbSupreme Court of Georgia · 1980
- Lathrop v. DealSupreme Court of Georgia · 2017
- Crowder v. Department of State ParksSupreme Court of Georgia · 1971
- Florida State Hospital for the Insane v. Durham Iron Co.Supreme Court of Georgia · 1942
70 more not listed; retrieve them via the Exa API.