Floyd County v. Bannister

Court of Appeals of Georgia

Floyd County v. Bannister

66 S.E. 1020, 7 Ga. App. 393, 1910 Ga. App. LEXIS 311

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1910

Docket2116

StatusPublished

This text of 66 S.E. 1020 (Floyd County v. Bannister) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Floyd County v. Bannister, 66 S.E. 1020, 7 Ga. App. 393, 1910 Ga. App. LEXIS 311 (Ga. Ct. App. 1910).

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Opinion

Hill, C. J.

In December, 1906, the board of commissioners of roads and revenues for Floyd county elected B. as a ferryman for the year 1907, at a stipulated salary per month, subject to his furnishing a satisfactory bond1. In January, 1907, the board declined to approve the bond furnished by B., notified him of that fact, and revoked his appointment, on the ground that he was physically disqualified from holding the position, because subject to sudden attacks of unconsciousness. Held, that the county was not liable for breach of the contract, irrespective of whether the contract was a valid obligation of the county under §343 of the Political Code, or whether the bond was properly disapproved.

Judgment reversed.

Certiorari; from Floyd superior court — Judge Wriglrt. July-21, 1909.

Submitted December 2, 1909. Decided February 10, 1910. W. B. Shaw, for plaintiff in error. M, B. Eubanks, contra.

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Hill, C. J.

In December, 1906, the board of commissioners of roads and revenues for Floyd county elected B. as a ferryman for the year 1907, at a stipulated salary per month, subject to his furnishing a satisfactory bond1. In January, 1907, the board declined to approve the bond furnished by B., notified him of that fact, and revoked his appointment, on the ground that he was physically disqualified from holding the position, because subject to sudden attacks of unconsciousness. Held, that the county was not liable for breach of the contract, irrespective of whether the contract was a valid obligation of the county under §343 of the Political Code, or whether the bond was properly disapproved.

Judgment reversed.

Certiorari; from Floyd superior court — Judge Wriglrt. July-21, 1909.

Submitted December 2, 1909. Decided February 10, 1910. W. B. Shaw, for plaintiff in error. M, B. Eubanks, contra.

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Bluebook (online)

66 S.E. 1020, 7 Ga. App. 393, 1910 Ga. App. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-county-v-bannister-gactapp-1910.