Masters v. Pardue

The plaintiff sued United States Fidelity & Guaranty Company on a sheriff’s official bond. The bond was a joint and several obligation, and the plaintiff had the right to proceed against the surety alone without joining the sheriff. Jefferson v. Hartley, 81 Ga. 716 (9 S. E. 174). The sheriff petitioned the court to be made a party defendant. The court by order made the sheriff a party defendant to the record; allowed him to file defensive pleadings, and to conduct himself as a party defendant during the trial; instructed the jury to return a verdict either for or against the “defendants”; and…