Effect on determination of real party in interest.

- Assuming that O.C.G.A. § 50-16-62 applies to suits in federal court, it has no effect on the question of identity of real party in interest, a determination made under federal law. Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981).

Action by state official in own name for benefit of state is properly characterized as action by state. Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981).

Recovery of money.

- Governor has authority to institute suit for recovery of money of which state has been defrauded, under the general power granted to the Governor of supervising the property of the state. Alexander v. State, 56 Ga. 478 (1876).

Governor may maintain action on bond made to predecessor. Anderson v. Brumby, 115 Ga. 644, 42 S.E. 77 (1902).

Governor's authority limited.

- Governor has no power to compromise claims due the state penitentiary because of negligent escapes. Penitentiary Co. No. 2 v. Gordon, 85 Ga. 159, 11 S.E. 584 (1890).

Presumption of attorney's authority to institute suit.

- When a declaration in favor of the state is signed by attorneys, the legal presumption, upon demurrer (now motion to dismiss), is that the attorneys had the authority of the Governor to institute the suit. Alexander v. State, 56 Ga. 478 (1876).

Attorney General's potential authority.

- Authority of Attorney General to manage state's legal affairs to protect interests of people of state might provide authority to prohibit collection of Department of Medical Assistance (now Department of Community Health) overpayments in a specific situation. 1980 Op. Att'y Gen. No. 80-89.

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 89 et seq.

C.J.S.

- 81A C.J.S., States, § 529 et seq.