35 Ga. App. 325 | Ga. Ct. App. | 1926
The term “employee,” in section 2 (h) of the workmen’s compensation act (Ga. L. 1920, p. 167), which provides that “employee” shall include “every person . . in the service of another under any contract of hire,” etc., does not apply to a county policeman elected or appointed by the county, under the Civil Code (1910), § 849 et seq.; since it is not the relation of employer and employee which exists between a county and such a county policeman, but such a county policeman is a public officer. Marlow v. Mayor &c. of Savannah, 28 Ga. App. 368 (110 S. E. 923); Bunch v. Macon, 29 Ga. App. 290, 294 (115 S. E. 40). Prior to the act of 1914 (Civil Code of 1910, § 849) it was held
Judgment affirmed.