Legal Opinion

Fulton County v. Gordon Water Co.

Court of Appeals of Georgia

Decided October 14, 1927No. 17980PublishedCited by 4 opinions

1Opinion of the CourtJenkins, P. J.

1. “A county is not liable to suit for any cause of action unless made so by statute.” Civil Code (1910), § 384. The petition in a suit brought against a county must indicate that the liability sought to be established comes within the provisions of this rule. Seymore v. Elbert County, 116 Ga. 371 (42 S. E. 727). Such liability to suit may be shown by indicating that the claim arises by reason of the taking' of private property by county authorities for the benefit of the public (Bates v. Madison County, 32 Ga. App. 370, 123 S. E. 158), or by county authorities as an incident in the…

2Cases cited3 opinions

  1. Stoddard v. CampbellCourt of Appeals of Georgia · 1921
  2. Seymore v. Elbert CountySupreme Court of Georgia · 1902
  3. Bates v. Madison CountyCourt of Appeals of Georgia · 1924

3Cited by4 opinions

  1. Deason v. DeKalb CountySupreme Court of Georgia · 1966
  2. Decatur County v. TownsendCourt of Appeals of Georgia · 1932
  3. Almon v. Terrell CountyCourt of Appeals of Georgia · 1953
  4. Dekalb County v. DeasonCourt of Appeals of Georgia · 1965

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