Legal Opinion

Purser v. Dodge County

Supreme Court of Georgia

Decided June 15, 1939No. 12819PublishedCited by 20 opinions

1Opinion of the Court

Jenkins, Justice.

The authority delegated both to counties and to municipalities represents a part of the State sovereignty. Scales v. Ordinary of Chattahoochee County, 41 Ga. 225, 226; 7 R. C. L. 923, § 2; 19 R. C. L. 691, § 4. While at common law counties exercised functions pertaining only to their sovereignty, and therefore acted in a governmental capacity, with the result that they 'were held to be immune from suit (County of Monroe v. Flynt, 80 Ga. 489, 490, 6 S. E. 173; 14 Am. Jur. 237, § 78; 7 R. C. L. 966, § 40), the rule was different as to municipalities, which acted in a dual…

2Cases cited17 opinions

  1. Smith v. Floyd CountySupreme Court of Georgia · 1890
  2. Millwood v. DeKalb CountySupreme Court of Georgia · 1899
  3. Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
  4. Rivers v. City CouncilSupreme Court of Georgia · 1880
  5. Taylor v. Richmond CountySupreme Court of Georgia · 1938

12 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Miree v. United StatesSupreme Court of Georgia · 1978
  2. City of Atlanta v. MitchamSupreme Court of Georgia · 2015
  3. Florida State Hospital for the Insane v. Durham Iron Co.Supreme Court of Georgia · 1942
  4. Williams v. Georgia Power Co.Supreme Court of Georgia · 1975
  5. Rutherford v. DeKalb CountyCourt of Appeals of Georgia · 2007

15 more not listed; retrieve them via the Exa API.

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