Legal Opinion

American Surety Co. v. NeSmith

Court of Appeals of Georgia

Decided March 31, 1934No. 23935PublishedCited by 6 opinions

1Opinion of the CourtSutton, J.

1. An action on the official bond of a county school superintendent was brought by certain individuals, as the members of the county board of education, for said county board, against the surety on the bond. The defendant demurred thereto on the ground that, the board being a legal entity, the members thereof had no right to maintain this action in their names. See Kersey v. Grant, 177 Ga. 501 (2) (170 S. E. 501), and cit.; s. c. 47 Ga. App. 408 (170 S. E. 503). This demurrer was overruled, and exception taken. The official bond of the county school superintendent is made payable to the…

2Cases cited20 opinions

  1. United States v. PrescottSupreme Court of the United States · 1845
  2. Mattox v. Board of EducationSupreme Court of Georgia · 1918
  3. Smythe v. United StatesSupreme Court of the United States · 1903
  4. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  5. Smith v. Board of EducationSupreme Court of Georgia · 1922

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3Cited by6 opinions

  1. United States Fidelity & Guaranty Co. v. McCurdyCourt of Appeals of Georgia · 1935
  2. Landrum v. ThomasCourt of Appeals of Georgia · 1935
  3. Whipple v. American Surety Co. of New YorkCourt of Appeals for the Fifth Circuit · 1937
  4. American Surety Co. v. City of ThomasvilleCourt of Appeals for the Fifth Circuit · 1934
  5. City of Scranton v. Ætna Casualty & Surety Co.District Court, M.D. Pennsylvania · 1935

1 more not listed; retrieve them via the Exa API.

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