Legal Opinion
Deason v. DeKalb County
Supreme Court of Georgia
Decided April 7, 1966No. 23337PublishedCited by 19 opinions
1Opinion of the Court
Quillian, Justice.
We are of the opinion that an employee with tenure under a civil service or merit system Act, where he was wrongfully discharged, may maintain a suit against the county for his wages even though the statute does not expressly authorize such suit.
Counties are empowered to sue or be sued in any court. Code § 23-1501, but “a county is not liable to suit for any cause of action unless made so by statute.” Code § 23-1502. However, an exception exists where a county breaches a contract it was authorized by law to undertake. As stated in Decatur County v. Praytor, Howton & Wood…
2Cases cited15 opinions
- Templeman v. JeffriesSupreme Court of Georgia · 1931
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
- Clements v. PowellSupreme Court of Georgia · 1923
- Smith v. DugganSupreme Court of Georgia · 1922
- Harris County v. BradySupreme Court of Georgia · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grech v. Clayton County, GACourt of Appeals for the Eleventh Circuit · 2003
- Washington Suburban Sanitary Commission v. TKU AssociatesCourt of Appeals of Maryland · 1977
- PMS Construction Co. v. DeKalb CountySupreme Court of Georgia · 1979
- Camp v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1972
- Miree v. United StatesCourt of Appeals for the Fifth Circuit · 1976
14 more not listed; retrieve them via the Exa API.