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).

ALR.

- Liability of public officer or his bond for the defaults and misfeasances of his clerks, assistants, or deputies, 1 A.L.R. 222; 102 A.L.R. 174; 116 A.L.R. 1064; 71 A.L.R.2d 1140.

Suit against public officer to recover possession of property as suit against state or federal government, 160 A.L.R. 332.

What period of limitation governs in an action against a public officer and the surety on his official bond, 18 A.L.R.2d 1176.