188 Ga. 250 | Ga. | 1939
The authority delegated both to counties and to municipalities represents a part of the State sovereignty. Scales v. Ordinary of Chattahoochee County, 41 Ga. 225, 226; 7 R. C. L. 923, § 2; 19 R. C. L. 691, § 4. While at common law counties exercised functions pertaining only to their sovereignty, and therefore acted in a governmental capacity, with the result that they 'were held to be immune from suit (County of Monroe v. Flynt, 80 Ga. 489, 490, 6 S. E. 173; 14 Am. Jur. 237, § 78; 7 R. C. L. 966, § 40), the rule was different as to municipalities, which acted in a dual capacity, exercising powers pertaining not only to their delegated sovereignty, but powers of ministerial or proprietary character. A distinction was therefore early drawn at common law with respect to suits against counties and suits against municipalities: the difference being that at common law a suit could not be maintained against a county at all; whereas, with reference to municipalities, the question of liability on contract depended on whether the contract as made was authorized by the grant or charter of the municipality, and of liability as for a tort depended on whether the cause of action arose out of the exercise of