Scales v. Ordinary of Chattahoochee County
Supreme Court of Georgia
Case against County. Demurrer. Before Judge Johnson. Chattahoochee Superior Court. March Term, 1869. Scales brought case against, the Ordinary of said county, in which he averred, that in 1869, “there was, and thence hitherto has been and still is, a certain public road in said county, known as the road 'leading from Jamestown to Massey’s church, etc., the same heading a certain creek, in said county, known as the Oswitchee creek.
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Case against County. Demurrer. Before Judge Johnson. Chattahoochee Superior Court. March Term, 1869. Scales brought case against, the Ordinary of said county, in which he averred, that in 1869, “there was, and thence hitherto has been and still is, a certain public road in said county, known as the road 'leading from Jamestown to Massey’s church, etc., the same heading a certain creek, in said county, known as the Oswitchee creek. At the place where said road crosses said creek there was on the day and year aforesaid, a certain bridge which had been erected by said county, for the convenience…
1Opinion of the CourtMcCAY, J.
It is admitted that, by the Common Law, counties, hundreds, townships, districts, etc., are not liable to an action of this kind. They are subdivisions of the State Government'—-mere modes by which he State parcels out its duties of governing the people: Sherman and Redfield on Negligence and authorities qupted, 135 and 136. The point made in this case is, that the Code makes every county a corporation, with the right to sue and be sued: Code, section 525; and it is argued that this provision ex vi termini, gives to the citizen ;a right to sue the county for the non-performance of any duty,…
2Cited by19 opinions
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
- Arnold v. WaltonSupreme Court of Georgia · 1949
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