DOUGLAS COUNTY v. BROWN & RILEY ENTERPRISES, LTD.

42067.

114 Ga. App. 410 (1966)

151 S.E.2d 510

DOUGLAS COUNTY v. BROWN & RILEY ENTERPRISES, LTD. et al.

Court of Appeals of Georgia.

Decided September 23, 1966.

Rehearing Denied October 6, 1966.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, Brown & Dollar, Eugene Brown, for appellant.

Noland & Coney, John L. Coney, for appellees.


BELL, Presiding Judge.

1. Compliance with Code § 23-1602 is essential to a right of action arising out of a claim against a county. "Where it does not appear in the petition, in a suit against a county, that the claim sued on was presented to the county within 12 months after it accrued or became payable, or where it does not appear that the petition was filed and service thereon perfected upon the county within this period, the petition fails to set out...

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