58 Ga. 417 | Ga. | 1877
The bond sued upon was joint, not joint and several. It was given to the sheriff by the deputy sheriff and his sureties, and was intended to indemnify the sheriff against any official misconduct by the deputy. The action was for a breach of the bond. The sheriff was the plaintiff, and to him the process was directed, and by him it was served upon each of the defendants. The process was undoubtedly bad. It ought to have been directed to the coroner of the county, and to the sheriffs of the adjoining counties. Code, §3344. The sheriff, being the plaintiff, could not serve it. Service by him was void. 52 Ga., 341. The law does not trust a party to execute process or to make a return. Process directed to the plaintiff is the same as no process, and service by him is the same as no service. The only question, therefore, is, whether process and service have been waived-
Judgment reversed.