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2018 Georgia Code 36-11-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-11-2 Case Law from Google Scholar Amendments to OCGA 36-11-2

TITLE 36 LOCAL GOVERNMENT

Section 11. Claims Against Counties, 36-11-1 through 36-11-7.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-11-2. Audit and registration of claims against county; issuance of order on treasurer for claim; specification of fund on which order drawn.

Except where otherwise provided by law, each county governing authority shall audit all claims against its respective county. Every such claim, or such part as may be allowed, must be registered. The county governing authority or its clerk must give the claimant an order on the treasurer for the same; in the order, it shall specifically designate upon what particular fund such order is drawn, out of which payment is to be made.

(Orig. Code 1863, § 478; Code 1868, § 540; Ga. L. 1871-2, p. 69, § 1; Code 1873, § 506; Code 1882, § 506; Civil Code 1895, § 361; Civil Code 1910, § 410; Code 1933, § 23-1601.)

JUDICIAL DECISIONS

Application to county commissioners.

- When the fiscal affairs of a county are in charge of a board of county commissioners, the authority to audit and settle claims conferred by Ga. L. 1872, p. 479 (see O.C.G.A. §§ 36-5-1 (now repealed) and36-11-2) upon the ordinary (now judge of the probate court) must be exercised by the board of county commissioners. Walker v. Stephens, 175 Ga. 405, 165 S.E. 99 (1932).

The statute applies to county commissioners when commissioners, instead of the ordinary (now judge of the probate court), have control of county affairs. Walden v. Smith, 203 Ga. 207, 45 S.E.2d 660 (1947).

Duty nondelegable.

- Duty of the board of county commissioners to audit and pass upon any claims arising against the county in connection with a construction project is a duty which cannot be delegated, and the funds in controversy should not be used for the payment of any such charges before a determination of their correctness by such commissioners. McGinty v. Pickering, 180 Ga. 447, 179 S.E. 358 (1935).

Presumption that order or warrant valid.

- It will be presumed that an order or warrant of the commissioners is a valid judgment, unless it shows that the commissioners had no jurisdiction to issue the order or warrant. Blue Island State Bank v. McRae, 169 Ga. 279, 150 S.E. 151 (1929).

Cited in Armistead v. MacNeill, 203 Ga. 204, 45 S.E.2d 652 (1947); DeKalb County v. Bolick, 249 Ga. 843, 295 S.E.2d 92 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 722.

C.J.S.

- 20 C.J.S., Counties, § 395.

ALR.

- Waiver of, or estoppel to assert, defects in notice of claim against county or municipality, 148 A.L.R. 637.

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