183 Ga. 176 | Ga. | 1936
J. A. Turner as a citizen and taxpayer, and also as sheriff of the County of Terrell, brought suit to enjoin A. E. Johnston and others as commissioners of roads and revenues of that county from permitting Dallas Spurlock, a county agricultural agent, to occupy an office in the county court-house, and from supplying him free of charge with heat, light, supplies, etc., under authority of the Code, § 91-704. The court, at interlocutory hearing, denied an injunction. The petition fails to allege any facts from which the court may determine even approximately what has been or would be the expenses incurred or to be paid from the county funds by the use of such office space and the furnishing of heat, light, supplies, etc. It is so well settled as to require no citation of authorities that the powers of the county commissioners are strictly limited by law, and that they can do nothing except under express authority of law. It is likewise well settled that the purposes for which a county may levy taxes are strictly limited by law; and accordingly the county authorities may spend no money for which a proper tax may not be levied to raise the funds. The petitioner in this case has totally failed, as above stated, to inform the court with regard to the amount of such expenses, if any, so that it may determine from definite allegations whether or not there are illegal expenditures of county funds. For that reason it can not be held that the court erred in refusing to enjoin the county commissioners from expenditure of such funds incident to furnishing office space, heat, light, etc. In Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 515 (160 S. E. 620, 80 A. L. R. 735), as indicating the broad scope of the discretion of the ordinary or county commissioners, the court said: “By § 396 [Code of 1933, § 91-602] it is provided: ‘The ordinary has the control of all .property belonging to the county/ And by § 400 [§ 91-702] : ‘It is the duty of the ordinaries to erect or repair, when necessary, their respective court-houses, . . • to furnish each with all the furniture necessary for the different rooms/ and ‘offices/ It appears from the foregoing that authority over planning, constructing, and equipping court-houses is imposed on the ordinaries, except in those
Judgment affirmed.