141 Ga. 385 | Ga. | 1914
(After stating the foregoing facts.) We think the general demurrer was .properly sustained in this case. Paragraph 6 of the petition, which contains the averment of the presentation of the account and an order approving same for the amount of $50, was stricken on demurrer. But treating that paragraph as a part of the petition, and considering the petition in its entirety, no
Even if the action of the board of county commissioners could be considered as a recognition of the liability of the county for the services rendered, it could not render the county liable, as the liability of the county to suit depended upon the law, and no action by the county commissioners taken after the services were performed could render the county liable to a suit for such services. Whether they could have made a contract before the services on behalf of the county, in order to procure the attendance of a physician upon the prisoner, is not here involved. Nor do we undertake to determine the question whether, if in pursuance of the order set forth in the declaration a warrant upon the treasurer was issued, and the same was accepted by the physician, its payment might be enforced in proper proceedings. This is not a proceeding of that character. The plaintiff is seeking to recover against the county upon a quantum meruit.
Judgment affirmed.