6 Ga. App. 59 | Ga. Ct. App. | 1909
The plaintiff in error, an attorney at law, brought suit in a justice’s court against the City of Rome, for services rendered as city attorney of the Town of East Rome. It appears that, in accordance with the provisions of the act of August 20, 1906 (Acts of 1906, p. 1010), the Town of East Rome was annexed to the City of Rome, and that the latter corporation assumed sovereignty over the former territory and the inhabitants of East Rome, and received, under the terms of the act of annexation, about $8,000 in solvent tax debts and in personal and real property, including about $280 in cash. The act of 1905 (Acts of 1905, p. 820) authorized the Town of East Rome to employ counsel for the town. The evidence was undisputed that Mr. Walker, the plaintiff in error, was the regularly employed attorney of East Rome, and that as such he performed the services for which the suit was brought, and that under the direction of the finance committee of the council of East Rome he incurred the expense of the bill for type-writing and stenographic work which formed a part of the account sued upon. In the statement of account, attached to the summons in the justice’s court, the plaintiff set forth his cause of action very fully. It was alleged that the City of Rome is indebted to the plaintiff because the debt “was assumed by the City of Rome under an express enactment contained in the act of August 20th, 1906, amending the charter of said city;” that “the City of Rome, having taken over the territory of East Rome, became liable to plaintiff in the sum sued for; it is also liable because sovereignty carries with it obligation. The City of Rome received from East Rome, under the scheme of annexation, a sum of cash, and personal and real property of East Rome, more than sufficient to pay said debt.” The plaintiff then set forth in detail his services in preparing four resolutions, and the item of clerical work “ordered and had done in pursuance of” the last resolution mentioned. The account had entered upon it the approval of the chairman of the finance committee of East Rome. The defendant did not file any answer denying the justness and fairness of the plaintiff’s claim or any portion of it, and did not introduce any testimony. The jury found in favor of the, defendant. The plaintiff certioraried; and the writ of error complains of the judgment overruling and dismissing the certiorari.
Judgment reversed.