Sutton v. Griner

1. While, in this suit on the bond of a deputy sheriff for failure to execute final process, the presumption was that the plaintiffs were damaged, and the burden was upon the defendants to mitigate the damages or show that the plaintiffs were not injured by the breach of official duty, the burden might be shifted and the presumption be rebutted “by proof of facts mitigating the plaintiff’s damages, or by showing that,the money could not have been collected on the fi.. fa. by the exercise- of reasonable diligence.” Beck & Gregg Co. v. Knight, 121 Ga. 287, 290 (48 S. E. 930, 3 L. R. A. (N. S.)…