Lee v. Hamilton

1. Where a county commissioner is in possession of . a county automobile assigned to him for his exclusive use by virtue of his office, but such possession is not in his own right but solely as an officer of the county, such commissioner may not maintain an action in trover in his own name to recover the automobile, even though the automobile was wrongfully taken from such commissioner’s possession, as the commissioner’s possession was that of the county. Mitchell v. Georgia & Alabama Ry., 111 Ga. 760 (36 S. E. 971); and see Central of Ga. Ry. Co. v. Greene, 41 Ga. App. 794(6) (154 S. E.…