Fidelity-Phenix Insurance v. Mauldin

Quillian, Judge.

The appellant contends that as a matter of law the plaintiff could not maintain the action against it. The appellant urges that a surety’s engagement rests on the same legal obligation as is by law imposed on the officer and that the surety may plead anything which the officer might plead in his denial of liability on the bond; that public officers, when acting within their duty and authority, are not liable for their acts unless such are wilful, malicious and reckless with wanton .disregard for the safety or rights of others. 43 AmJur 181, Public Officers, § 407; Vickers v.…