5 S.E.2d 775 | Ga. | 1939
In an action seeking to compel by mandamus the payment of a salary as deputy warden of convicts, because of an agreement on the part of the commissioners of roads and revenues (defendants) to pay the same, it is essential to allege that the agreement was in writing and was entered on the minutes of such county authorities. Failure so to allege makes the petition subject to general demurrer.
The defendants demurred to the petition, on the grounds that it alleged no cause of action; that the averments were insufficient to authorize mandamus absolute; that the petition failed to allege that the agreement of the defendants to pay the salary was in writing and recorded as required by law; and that the allegations failed to show a failure of the defendants to perform any clear legal duty imposed upon them. The defendants also filed a plea and answer. The demurrer was overruled, and mandamus absolute was granted. The defendants excepted.
"All contracts entered into by the ordinary with other persons in behalf of the county shall be in writing and entered on his minutes." Code, § 23-1701. Where the fiscal affairs of a county have been placed in the hands of commissioners, the law just cited is applicable to contracts made in behalf of the county by the commissioners. Williams v. Sumter County,
Judgment reversed. All the Justices concur. *307