Bates v. Madison County

1. “A county is not liable to suit for any cause of action unless made so by statute.” Political Code (1910), § 384. It is the general rule that “a county, when exercising governmental functions and acting as an agency of the State, is not liable, in the absence of statutes imposing liability, for its failure to perform a duty or for its negligent performance of the duty, not even when the duty is imposed by statute; and there is no distinction in the application of this rule between the neglect to perform an act -which ought to have been, performed, and the *371performance of the duty in a…