McCollough v. Hand

1. The Political Code, § 12, provides that suit on the bond of a public officer may be brought by any person aggrieved by his official misconduct. A constable is required to give a bond conditioned on the faithful performance of his duties (Civil Code, § 4691) ; and for any breach thereof the constable and the sureties on his bond may be sued. No prior adjudication upon a rule is requisite to entitle the aggrieved party to bring the action. McCain v. Bonner, 122 Ga. 842 (3), 844 (51 S. E. 36); Jefferson v. Hartley, 81 Ga. 716 (9 S. E. 174).

2. The allegations of the plaintiff’s petition set…