Floyd v. Thomas

Supreme Court of Georgia

Floyd v. Thomas

87 S.E.2d 846, 211 Ga. 656, 1955 Ga. LEXIS 417

CourtSupreme Court of Georgia

DecidedJune 14, 1955

Docket18943

StatusPublished

Cited by7 cases

This text of 87 S.E.2d 846 (Floyd v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Floyd v. Thomas, 87 S.E.2d 846, 211 Ga. 656, 1955 Ga. LEXIS 417 (Ga. 1955).

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Opinion

Duckworth, Chief Justice.

1. A court of equity, at the instance of citizens and taxpayers of a county, may enjoin the county commissioners from carrying into effect an unauthorized order or illegal contract. Dancer v. Shingler, 147 Ga. 82 (2) (92 S. E. 935); McGinnis v. McKinnon, 165 Ga. 713 (141 S. E. 910); Smith v. McMichael, 203 Ga. 74 (1) (45 S. E. 2d 431).

2. Whore, as here, the petition alleges that the Board of Commissioners of Roads and Revenues of Chattooga County illegally entered into a contract for the purchase of certain automotive equipment by authorizing a county employee to purchase a certain, type dump-truck without stating from whom it was to be purchased and at what price, thereby showing the alleged purchase was insufficient to meet the requirements of Code § 23-1701 requiring all contracts by counties to be in writing and entered on the minutes, and prays that the defendants be restrained and enjoined from paying for said equipment thus purchased, it shows a good cause of action for the relief sought, and the court did not err in overruling the general demurrer thereto. Killian v. Cherokee County, 169 Ga. 313 (2c) (150 S. E. 158); Griffin v. Maddox, 181 Ga. 492 (182 S. E. 847); Graham v. Beacham, 189 Ga. 304 (5 S. E. 2d 775).

3. Also, the authorization for a county employee to purchase a dump-truck was an attempted delegation of the authority of the commission which was illegal since only the board would have the authority to make such purchase-contract. See Deariso v. Mobley, 38 Ga. App. 313, 322 (143 S. E. 915); 42 Am. Jur. 387, § 73.

4. The evidence at the interlocutoiy hearing being clearly sufficient to support the ruling by the court, no abuse of discretion is shown and there was no error committed in continuing the restraining order.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

1. A court of equity, at the instance of citizens and taxpayers of a county, may enjoin the county commissioners from carrying into effect an unauthorized order or illegal contract. Dancer v. Shingler, 147 Ga. 82 (2) (92 S. E. 935); McGinnis v. McKinnon, 165 Ga. 713 (141 S. E. 910); Smith v. McMichael, 203 Ga. 74 (1) (45 S. E. 2d 431).

2. Whore, as here, the petition alleges that the Board of Commissioners of Roads and Revenues of Chattooga County illegally entered into a contract for the purchase of certain automotive equipment by authorizing a county employee to purchase a certain, type dump-truck without stating from whom it was to be purchased and at what price, thereby showing the alleged purchase was insufficient to meet the requirements of Code § 23-1701 requiring all contracts by counties to be in writing and entered on the minutes, and prays that the defendants be restrained and enjoined from paying for said equipment thus purchased, it shows a good cause of action for the relief sought, and the court did not err in overruling the general demurrer thereto. Killian v. Cherokee County, 169 Ga. 313 (2c) (150 S. E. 158); Griffin v. Maddox, 181 Ga. 492 (182 S. E. 847); Graham v. Beacham, 189 Ga. 304 (5 S. E. 2d 775).

3. Also, the authorization for a county employee to purchase a dump-truck was an attempted delegation of the authority of the commission which was illegal since only the board would have the authority to make such purchase-contract. See Deariso v. Mobley, 38 Ga. App. 313, 322 (143 S. E. 915); 42 Am. Jur. 387, § 73.

4. The evidence at the interlocutoiy hearing being clearly sufficient to support the ruling by the court, no abuse of discretion is shown and there was no error committed in continuing the restraining order.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

87 S.E.2d 846, 211 Ga. 656, 1955 Ga. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-v-thomas-ga-1955.

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