Policies underlying bond requirement.

- Twin public policies recognized by the requirement that bonds be obtained by sheriffs and their deputies are: (1) the county law enforcement officer should be held liable for tortious activity, even if connected with the sheriff's official duties; and (2) the sheriff should be required to obtain insurance lest the sheriff's liability should be rendered meaningless by poverty. Thompson v. Spikes, 663 F. Supp. 627 (S.D. Ga. 1987).

Construction of statute.

- Dismissal of action was affirmed because the bond obtained by the sheriff exceeded the requirement imposed by O.C.G.A. § 15-16-5 by adding another condition, that the sheriff "faithfully perform the duties of his office." That additional condition was invalid and unenforceable under the "read in/read out" rule for construing statutory bonds. Lord v. Lowe, 318 Ga. App. 222, 741 S.E.2d 155 (2012).

Cited in Drost v. Robinson, 194 Ga. 703, 22 S.E.2d 475 (1942); Standard Sur. & Cas. Co. v. Johnson, 74 Ga. App. 823, 41 S.E.2d 576 (1947); Meeks v. Douglas, 108 Ga. App. 424, 133 S.E.2d 768 (1963); Fidelity-Phenix Ins. Co. v. Mauldin, 118 Ga. App. 401, 163 S.E.2d 834 (1968); Warren v. Walton, 231 Ga. 495, 202 S.E.2d 405 (1973); Cantrell v. Thurman, 231 Ga. App. 510, 499 S.E.2d 416 (1998).

Sureties liable for breaches by deputy of sheriff.

- Sureties on the official bond of a sheriff are liable for a breach of the bond's condition by a deputy sheriff as well as by the sheriff personally. Shelton v. Fidelity & Cas. Co., 86 Ga. App. 818, 72 S.E.2d 813 (1952).

No surety liability if plaintiff not damaged.

- Surety is not liable if the plaintiff is not damaged by a failure of the sheriff to take a bond in a bail trover action. Thurman v. Avera, 20 Ga. App. 802, 93 S.E. 495 (1917).

Liability based only on official acts.

- Acts deemed not to be official cannot form a basis for imposition of liability on the bonding company. Thompson v. Spikes, 663 F. Supp. 627 (S.D. Ga. 1987).

Illegally requiring or accepting cash bond.

- Act of a sheriff in illegally requiring and accepting a cash bond or a sum of money in lieu of bail or in addition to bail from a surety for one charged with an offense against the laws of this state is an act done colore officii and renders the sheriff and the sheriff's sureties liable on the sheriff's official bond to anyone aggrieved. Washburn v. Foster, 87 Ga. App. 132, 73 S.E.2d 240 (1952).

Levying execution on dormant judgment.

- Levy of execution based on a dormant judgment, which fact was known to the sheriff, is actionable. Harris v. Black, 143 Ga. 497, 85 S.E. 742 (1915).

False or malicious arrest deemed breach.

- While a false or malicious arrest may be a tort, it is likewise a breach of the condition of a sheriff's official bond if the false or malicious arrest is done colore officii. Jackson v. Norton, 75 Ga. App. 650, 44 S.E.2d 269 (1947).

False imprisonment deemed breach.

- While false imprisonment may constitute a tort, it also constitutes a breach of the condition of a sheriff's official bond, if the imprisonment is done by such sheriff under color of and by virtue of that person's office as sheriff. Jackson v. Norton, 75 Ga. App. 650, 44 S.E.2d 269 (1947).

Misconduct of sheriff may consist in acts of omission or nonfeasance as in those of commission, misfeasance, or malfeasance. Howard v. Crawford, 15 Ga. 423 (1854).

Liability attached if sheriff failed to serve process, and entered return thereof. Colquitt ex rel. Lackey v. Ivey, 62 Ga. 168 (1878).

No defense that sale's proceeds never collected.

- Sheriff's sales in this state are for cash; therefore, neither the sheriff nor the sheriff's surety could raise the point that the sheriff never collected the money derived from such a sale. Prince v. Wood, 23 Ga. App. 56, 97 S.E. 457 (1918).

Nonparty without action for sheriff's failure.

- Action for damages will not lie against a sheriff and the sheriff's bondsman, for the alleged failure of the sheriff to serve a process or make a levy, in favor of a person not a party to such a proceeding. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).

Action is one directly for breach of bonds, and the fact that a tort is disclosed in showing the breach of the bond does not render the action one ex delicto. The breach of the bond is alleged as the gist of the action. The fact that some of the language used in showing that the wrongful act of the officers amounted to a breach of the bond happened to be what is denominated a tort does not render the action one ex delicto. Walker v. Whittle, 83 Ga. App. 445, 64 S.E.2d 87 (1951).

Tort by officer.

- In a suit on a sheriff's official bond, brought jointly against the sheriff and the surety on the bond, for an alleged wrongful act committed by the sheriff or the sheriff's lawful deputy colore officii, the fact that a tort by the officer is disclosed does not render the action one ex delicto. Jackson v. Norton, 75 Ga. App. 650, 44 S.E.2d 269 (1947).

Direct action against insurance company.

- Plaintiff's argument that plaintiffs must be able to maintain suit directly against the sheriff's insurance company in order to realize the protections of O.C.G.A. § 15-16-5 was wrong. The policy's limitations, which limited bringing suit against the insurance company to the insured, did not contravene public policy. Fournier v. Hartford Fire Ins. Co., 862 F. Supp. 357 (N.D. Ga. 1994).

No joinder of bond suit, tort action.

- Because suit on a bond is considered an action in contractu, it cannot be joined with a tort action against a bonded official individually, and recovery in a contract action on a bond is limited to the applicable bond coverage. Thompson v. Spikes, 663 F. Supp. 627 (S.D. Ga. 1987).

Rule against sheriff not bar to action.

- Rule absolute, under former Civil Code 1910, § 5341 (see now O.C.G.A. § 15-13-1), requiring a sheriff to pay over money, was not a bar to an action on the bond. Prince v. Wood, 23 Ga. App. 56, 97 S.E. 457 (1918).

Suit on sheriff's bond bars second suit.

- If the plaintiff had previously elected to sue on the bond of the sheriff, instead of on the deputy's bond, for the alleged wrongful acts of the sheriff and the deputy and had prosecuted that suit to judgment for an amount less than the penal sum of the sheriff's bond, the plaintiff was bound by the plaintiff's election and was barred from maintaining a second present suit on the deputy's bond for the same damage and injury for which plaintiff had previously recovered judgment against the surety on the sheriff's bond. Shelton v. Fidelity & Cas. Co., 86 Ga. App. 818, 72 S.E.2d 813 (1952).

Statute of limitations is 20 years.

- Sheriff's bond was a specialty within former Civil Code 1910, § 4359 (see now O.C.G.A. § 9-3-23), fixing a 20-year period of limitation. Harris v. Black, 143 Ga. 497, 85 S.E. 742 (1915).

Statute of limitations on sheriff's official bond is 20 years, since the bond is under seal and there is no express statute providing for a different period of limitation of actions. Washburn v. Foster, 87 Ga. App. 132, 73 S.E.2d 240 (1952).

Necessary to allege damages to special interest.

- In an action by the holder of a special interest in property for damages alleged to have been caused by failure of the sheriff to make levy and seizure of the property under a bail-trover proceeding, it is necessary to allege the extent of the interest held in order to determine the amount of the damages, damages being given as compensation for injury done, and a failure to make such allegations as to the damage done to the special interest will subject the petition to demurrer (now motion to dismiss). Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).

Payment of judgment prerequisite to office eligibility.

- Judgment against a sheriff-elect for the failure to account for and pay over county moneys must be paid before such an individual is eligible to hold office, and a county must pay the bond premium on that sheriff regardless of the premium charged. 1976 Op. Att'y Gen. No. U76-58.

Sheriffs must be bonded by one corporate surety liable for the full amount of the statutory bond penalty; it is not permissible for sheriffs to file separate corporate surety bonds, each for less than the surety penalty, even if the assumed but fictitious total of the penalties under each bond equals the statutory penalty. 1976 Op. Att'y Gen. No. 76-31.

If surety relieved, new bond, surety, required.

- Sheriff's bond is written to cover the sheriff's term of office and since it is required to be given conditioned for the faithful performance of the sheriff's public duty, it can only be canceled with approval of the Governor; in the event the surety is legally relieved from future liability, the sheriff is required to give a new bond and surety and upon failure to do so may be removed from office. 1967 Op. Att'y Gen. No. 67-1.

Deputy sheriff should give bond in same amount as the deputy's principal. 1969 Op. Att'y Gen. No. 69-100.

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 14.

C.J.S.

- 80 C.J.S., Sheriffs and Constables, § 7.

ALR.

- Right of individual to maintain action on bond of peace officer, 19 A.L.R. 73.

Liability of sureties on bond of sheriff for unlawful arrest made by him or his deputy beyond his territorial jurisdiction, 149 A.L.R. 1093.