Legal Opinion
Fleisher v. Duncan
Supreme Court of Georgia
Decided January 14, 1943No. 14389PublishedCited by 15 opinions
1Opinion of the Court
Jenkins, Justice.
1. While a sovereign State can not be sued in one of its courts unless by statute or other proper authority the State consents thereto, and any suit against an officer or agent of the State, in Ms 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, 187 Ga. 691 (2), 695, 1 S. E. 2d, 713, and cit.), yet a suit against a State officer or agent as an individual is not a suit against the State, and generally may be maintained either at law or…
2Cases cited10 opinions
- Roberts v. BarwickSupreme Court of Georgia · 1939
- Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
- Florida State Hospital for the Insane v. Durham Iron Co.Supreme Court of Georgia · 1942
- Bohannon v. DuncanSupreme Court of Georgia · 1938
- Holcombe v. Georgia Milk Producers ConfederationSupreme Court of Georgia · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Irwin v. ArrendaleCourt of Appeals of Georgia · 1967
- Moultrie Milk Shed Inc. v. City of CairoSupreme Court of Georgia · 1950
- Musgrove v. Georgia Railroad Bkg. Co.Supreme Court of Georgia · 1948
- Board of Supervisors v. State Milk CommissionSupreme Court of Virginia · 1950
- Chilivis v. National Distributing Co.Supreme Court of Georgia · 1977
10 more not listed; retrieve them via the Exa API.