114 Ga. 309 | Ga. | 1901
Carlisle, former sheriff of Fayette county, died, and Clark was appointed administrator of his estate. S. T. and A. O. Blalock brought suit against the administrator as principal, and Faver and others as securities, on Carlisle’s bond as sheriff, alleging that Carlisle, while sheriff, had levied a certain fi. fa. in their favor and had failed to make the money, and was liable to them in a sum named. The defendants filed a joint answer, and the case’was submitted to a jury, who returned the following verdict: “We, the jury, find for the plaintiffs $200.00 principal, interest $158.00, attorney’s fees $20.00, to be paid out as follows: G. W.
It is unnecessary to comment upon the evidence in this case further than to say that from no point of view does it indicate that there was any difference, as to amount, between the liability of the sureties on the sheriff’s bond and that of the principal. The suit was an ordinary action upon a sheriff’s bond, and the petition sets up the equal indebtedness of the principal and all the sureties on that bond. Nowhere does it seem to be contemplated by the pleadings that a verdict should be found or a judgment rendered for any different amount against the sureties than that for which the principal was alleged to he liable. Certainly there appears no
Judgment reversed.