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STATE HIGHWAY DEPT. v. COBB &c. CO.

41195.

111 Ga. App. 820 (1965)

143 S.E.2d 509

STATE HIGHWAY DEPARTMENT v. W. L. COBB CONSTRUCTION COMPANY.

Court of Appeals of Georgia.

Decided May 27, 1965.

Rehearing Denied June 14, 1965.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, Robert S. Lanier, Deputy Assistant Attorney General, for plaintiff in error.

Arnall, Golden & Gregory, H. Fred Gober, Allen & Edenfield, Francis W. Allen, Weekes & Candler, John Wesley Weekes, contra.

RUSSELL, Judge.

1. The State Highway Department first takes the position on demurrer that a State is never suable except by its consent, Thweatt v. State, 66 Ga. 673, and that therefore it, as an arm of State government, cannot be sued on this contract without its consent. Code § 95-1505 provides: "The Highway Department may sue and be sued and may make settlement of all claims presented to it under oath." In 81 CJS 1114, States, § 124, citing...

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