O.C.G.A. § 45-4-26 (2019)
Action on deputy’s bond
Any person who claims damages of any principal officer for the act of his deputy may, at his option, bring an action on the deputy’s bond instead of on that of the principal, in the same manner as an action may be brought on the principal’s bond.
History
(Orig. Code 1863, § 158; Code 1868, § 153; Code 1873, § 164; Code 1882, § 164; Civil Code 1895, § 260; Civil Code 1910, § 295; Code 1933, § 89-427.)
Annotations
JUDICIAL DECISIONS Election by plaintiff of which bond to proceed upon. - One who is aggrieved by the official misconduct of a deputy sheriff may at their option sue either on the sheriff ’s bond or on the deputy’s bond. Aldridge v. Wooten, 68 Ga. App. 887, 24 S.E.2d 700 (1943). A plaintiff, alleging injury and damage by the wrongful acts of a sheriff and the sheriff ’s deputy under color of their offices, must elect to proceed either upon the sheriff ’s bond or upon the deputy’s, and a plaintiff could not sue on the bonds of both officers in the same suit. Shelton v. Fidelity & Cas. Co., 86 Ga. App. 818, 72 S.E.2d 813 (1952). The bond of a public officer is a contract of suretyship. Such a contract is to be strictly construed in the interest of the surety. It follows, therefore, that the
plaintiff cannot proceed against both contracts of suretyship, the one executed with the sheriff and the one executed with the deputy, but such plaintiff must elect upon which contract to proceed. Goforth v. Fidelity & Cas. Co., 80 Ga. App. 121, 55 S.E.2d 656 (1949). Election by plaintiff bars a subsequent action for the same injury. - If the plaintiff having exercised an option or having made an election to sue on the sheriff ’s bond instead of on that of the deputy, and having obtained satisfaction of the judgment rendered in that suit, the plaintiff cannot maintain a second suit on the deputy’s bond for the same injury or damage. Shelton v. Fidelity & Cas. Co., 86 Ga. App. 818, 72 S.E.2d 813 (1952). Cited in Creaser v. Durant, 197 Ga. 531, 29 S.E.2d 776 (1944).
PUBLIC OFFICERS & EMPLOYEES
RESEARCH REFERENCES ALR. - Liability of public officer or his bond for the defaults and misfeasances of his clerks, assistants, or deputies, 1 ALR 222; 102 ALR 174; 116 ALR 1064; 71 ALR2d 1140. Suit against public officer to recover
possession of property as suit against state or federal government, 160 ALR 332. What period of limitation governs in an action against a public officer and the surety on his official bond, 18 ALR2d 1176.