O.C.G.A. § 45-4-3 (2019)
Return of bonds; actions on bonds
All bonds taken by public officers under the laws of this state shall be returned to the offices specified by law; and any person interested therein may bring an action thereon, in his own name, in any court having jurisdiction thereof.
History
(Orig. Code 1863, § 15; Code 1868, § 13; Code 1873, § 13; Code 1882, § 13; Civil Code 1895, § 13; Civil Code 1910, § 13; Code 1933, § 89-905; Ga. L. 1983, p. 3, § 34.)
Annotations
JUDICIAL DECISIONS No preliminary judgment against the principal, the officer, is necessary to a suit against the surety on bond. Maryland Cas. Co. v. Smith, 56 Ga. App. 154, 192 S.E. 449 (1937). Cited in Fidelity & Deposit Co. v. Norwood, 38 Ga. App. 534, 144 S.E. 387
(1928); United States Fid. & Guar. Co. v. Stephens, 45 Ga. App. 300, 164 S.E. 461 (1932); Matthews v. Rowell, 49 Ga. App. 673, 176 S.E. 802 (1934); Manufacturers’ Fin. Acceptance Corp. v. Bradley, 50 Ga. App. 138, 177 S.E. 272 (1934).
PUBLIC OFFICERS & EMPLOYEES
RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 539 et seq. C.J.S. - 67 C.J.S., Officers and Public Employees, § 489 et seq. ALR. - Personal liability of officers of drainage or highway districts for negligence of subordinates or employees causing damage to person or property, 61 ALR 300.
Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 ALR 959. Suit against public officer to recover possession of property as suit against state or federal government, 160 ALR 332.