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Call Now: 904-383-7448All judgments entered against the obligors on any bond, whether official or voluntary, shall be for the amount of damages found by the verdict of the jury and not for the penalty thereof.
(Laws 1847, Cobb's 1851 Digest, p. 502; Code 1863, § 3494; Code 1868, § 3517; Code 1873, § 3575; Code 1882, § 3575; Civil Code 1895, § 5345; Civil Code 1910, § 5940; Code 1933, § 110-308.)
- Measure of damages in actions on official bonds for misconduct of officer, § 45-4-29.
- Sureties of a sheriff, after recoveries have been had against the sureties to the amount of the sureties' bond, may defend themselves at law against all pending or future suits on that ground. Bothwell v. Sheffield, 8 Ga. 569 (1850).
Penalty in bond being a certain sum, the surety is not liable thereon for more than that sum, with interest. Westbrook v. Moore, 59 Ga. 204 (1877).
This section does not provide for recovery against surety of an amount greater than the penalty of the bond; but rather this section provides for a lesser recovery. Gullatt v. Blankenship, 42 Ga. App. 139, 155 S.E. 353 (1930).
- In a suit against the obligor and the obligor's sureties in a peace bond for a breach of peace, judgment for the full amount of the penalty stipulated in the bond will be awarded against the defendant and the defendant's sureties in case of a recovery. Shirley v. Terrell, 134 Ga. 61, 67 S.E. 436 (1910).
- When it did not appear either from the allegations in the petition or from the evidence adduced that the bond sued on was the statutory bond required in bastardy proceedings, the only recovery permissible was the amount of the actual damage sustained as a result of the breach of the bond. Graves v. Campbell, 33 Ga. App. 505, 126 S.E. 854 (1925), later appeal, 35 Ga. App. 418, 133 S.E. 267 (1926).
- Surety on performance and payment bonds for a subcontractor could not be held liable to the general contractor for both the 25 percent penalty for bad faith and for attorney's fees and expenses of litigation. Congress Re-Insurance Corp. v. Archer-Western Contractors, 226 Ga. App. 829, 487 S.E.2d 679 (1997).
- 12 Am. Jur. 2d, Bonds, § 37 et seq.
- Validity of judgment entered on appeal or supersedeas bond without previous notice and opportunity to be heard, 86 A.L.R. 308.
Entire penalty as recoverable for breach of bond given to public as condition of license or other privilege, or conditioned on compliance with law, 103 A.L.R. 405.
Attorneys' fees as element of damages allowable in action on injunction bond, 164 A.L.R. 1088.
Total Results: 7
Court: Supreme Court of Georgia | Date Filed: 2022-09-20
Snippet: 368) (2014) (citing Mireles v. Waco, 502 U. S. 9, 12-13 (112 SCt 286, 116 LE2d 9) (1991)). We therefore
Court: Supreme Court of Georgia | Date Filed: 2002-09-16
Citation: 570 S.E.2d 269, 275 Ga. 550, 2002 Fulton County D. Rep. 2671, 2002 Ga. LEXIS 641
Snippet: SE2d 845) (1997); Barksdale v. State, 265 Ga. 9, 12-13 (453 SE2d 2) (1995); see also Brooks v. State
Court: Supreme Court of Georgia | Date Filed: 1996-04-08
Citation: 468 S.E.2d 350, 266 Ga. 592, 96 Fulton County D. Rep. 1313, 1996 Ga. LEXIS 136
Snippet: 335 S.E.2d 708 (1985) (same). [12] OCGA § 9-9-12. [13] Id. § 9-9-13(d). [14] Goodrich v. Southland
Court: Supreme Court of Georgia | Date Filed: 1952-07-14
Citation: 71 S.E.2d 618, 209 Ga. 286, 1952 Ga. LEXIS 466
Snippet: voters repealed sections 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 20, 21, and 25 of the act of 1945, and enacted
Court: Supreme Court of Georgia | Date Filed: 1952-01-29
Citation: 208 Ga. 671, 68 S.E.2d 901, 1952 Ga. LEXIS 306
Snippet: court, on September 17, struck paragraphs 8, 9, 12, 13, and 14, but overruled the motions to strike paragraphs
Court: Supreme Court of Georgia | Date Filed: 1933-10-13
Citation: 177 Ga. 794, 171 S.E. 274, 1933 Ga. LEXIS 429
Snippet: also the law of reasonable doubt. In grounds 6, 9, 12, 13, 14, 17, and 20 complaint is made in various forms
Court: Supreme Court of Georgia | Date Filed: 1885-02-24
Citation: 74 Ga. 790, 1885 Ga. LEXIS 399
Snippet: therefoi’e be now considered by this court. 9 Ga., 9, 12, 13. We respectfully call the attention of our brethren