133 Ga. 875 | Ga. | 1910
The county of Irwin was without a court-house, as a result of the change of the county seat from Irwinville to Oeilla. The commissioners of roads and revenues contracted with the Falls City Construction Company, a corporation, to erect a court-house for the sum of $43,900, and included in the tax levy to be collected for the year 1909 an item of $2 on the hundred dollars to build a court-house according to contract. Shortly after the contract was executed the contractor proceeded with the erection of the building. On October 7, 1909, the building having progressed one third towards completion, the commissioners met in regular session and passed a very elaborate order, reaffirming the tax levy of two dollars on the hundred, and declaring that the funds so collected should be kept separate from the other county funds and be known as the “court-house building fund,” and should be used by the county treasurer for no other purpose than to pay the orders and warrants drawn on this fund. It was further provided in the order that the commissioners should meet between the 1st and 10th of each month to allow the contractor’s claim for material furnished and work done on the court-house during the previous month, and issue him warrants to the extent of 75 per cent, of the amount so audited. On that day the commissioners issued to the contractor county warrants in the sum of $14,500 in part payment for material furnished and work done up to that time. On October 12, 1909,
Judgment reversed.