Washburn v. Foster

1. The petition in. this case was held to state a cause of action for a breach of the defendant sheriff’s official bond in Washburn v. Foster, 87 Ga. App. 132 (73 S. E. 2d 240), which see; and where,upon the trial of the case, every material allegation of the petition was either admitted by the defendant sheriff or proved by uncontradicted evidence on the trial, and the defendant sheriff and the defendant surety on his official bond failed to establish any valid defense to the action, the trial court erred -in directing a verdict in favor of the defendants, as the evidence demanded a verdict…