Trulock v. Lamb

1. While a right of action may arise in favor of a plaintiff in execution against a sheriff and the sureties on his official bond for a breach of duty by the officer in surrendering to a claimant property levied upon under the execution, without requiring a forthcoming bond (Civil Code of 1910, § 291), and while such a right of action may be assignable (Sullivan v. Curling, 149 Ga. 96, 99 S. E. 533, 5 A. L. R. 124); Virginia-Carolina Chemical Co. v. Rachels, 41 Ga. App. 221, 152 S. E. 308), a right of action thus arising does not pass by a mere subsequent assignment of the execution itself.…