Legal Opinion

Dent v. Cook

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 13 opinions

County Matters. Ordinary’s Powers. Tried before Judge Weight. Coweta county. Chambers. November, 1871. Dent and others filed a bill against Cook, making the following averments: They are citizens of Coweta county and tax-payers therein ; Cook is its Ordinary; as such he made a contract with one Hackney to build a jail in said county, which Hackney did, and Cook paid him partly with funds in the County Treasurer’s hands, and then, as Ordinary, issued bonds of the county and…

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County Matters. Ordinary’s Powers. Tried before Judge Weight. Coweta county. Chambers. November, 1871. Dent and others filed a bill against Cook, making the following averments: They are citizens of Coweta county and tax-payers therein ; Cook is its Ordinary; as such he made a contract with one Hackney to build a jail in said county, which Hackney did, and Cook paid him partly with funds in the County Treasurer’s hands, and then, as Ordinary, issued bonds of the county and sold them at a discount, and thus obtained enough money to pay off the balance of the debt. He paid off Hackney, and…

1Opinion of the Court

McCay, Judge.

1. The question presented in tin's record is a very grave one. If the Ordinaries of the several counties of this State have the power to borrow money and negotiate bonds for that purpose, there is a serious defect in our law. Such a power entrusted to the discretion of one man, is so liable to abuse, so dangerous to the public interest, and so little needed for the proper purposes of a county organization, that if it does in fact exist, the law ought to be forthwith repealed. But we do not think such a power exists. The Ordinary, it is true, is clothed by the Constitution of 1868…

2Cited by13 opinions

  1. Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
  2. Millwood v. DeKalb CountySupreme Court of Georgia · 1899
  3. Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
  4. Robertson v. BreedloveTexas Supreme Court · 1884
  5. Town of Decatur v. DeKalb CountySupreme Court of Georgia · 1908

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