Legal Opinion

Jackson v. Dougherty County

Supreme Court of Georgia

Decided July 20, 1896PublishedCited by 11 opinions

Petition. Before Judge Bower. Dougherty superior court. April term, 1895. On July 10, 1854, John Jackson conveyed to the justices of the inferior court of Dougherty county, and their successors in office, in consideration of one cent, city lot 26 on the corner of Flint and Washington streets in Albany, containing a quarter of an acre, “for county purposes, to be used for the public buildings of the said county and for vacant grounds to surround them, and for no other purpose…

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Petition. Before Judge Bower. Dougherty superior court. April term, 1895. On July 10, 1854, John Jackson conveyed to the justices of the inferior court of Dougherty county, and their successors in office, in consideration of one cent, city lot 26 on the corner of Flint and Washington streets in Albany, containing a quarter of an acre, “for county purposes, to be used for the public buildings of the said county and for vacant grounds to surround them, and for no other purpose whatever.” Dp on the deed, was written a contemporaneous note signed by Jackson, viz: “Lot No. 26 in the above deed…

1Opinion of the CourtSimmons, C. J.

1. An action by named persons as commissioners of roads and revenues of a specified county is not an action by the county, and cannot be made the means of obtaining for such county any relief, legal or equitable, to which, it may be entitled. See Bennett v. Walker, 64 Ga. 326; Arnett v. Commissioners, 75 Ga. 782, and other decisions to the same effect.

2. Even if the present action had been properly brought in the name of the county, it would seem that under a deed made in 1854, donating a city lot to the justices of the inferior court thereof and their successors, “for county purposes, to be…

2Cases cited2 opinions

  1. Arnett v. Board of CommissionersSupreme Court of Georgia · 1885
  2. Bennett v. WalkerSupreme Court of Georgia · 1879

3Cited by11 opinions

  1. Williams v. StateSupreme Court of Georgia · 1941
  2. Thompson v. HartSupreme Court of Georgia · 1909
  3. Aldredge v. WilliamsSupreme Court of Georgia · 1939
  4. Hollomon v. Board of EducationSupreme Court of Georgia · 1929
  5. McGinnis v. McKinnonSupreme Court of Georgia · 1928

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