Busbee v. Reserve Insurance

Underwood, Judge.

This is a proceeding on behalf of the state seeking to recover against the surety on a performance bond covering a former state employee who received a salary increase determined to be unauthorized in State v. MacDougall, 139 Ga. App. 815 (229 SE2d 667) (1976), affd. 238 Ga. 406 (233 SE2d 195) (1977). The trial court granted the surety’s motion to dismiss the complaint, holding that jurisdiction and venue were lacking, that the *784loss was not included within the bond’s coverage, and that recovery was barred under a cancellation provision of the bond.

Decided May 3, 1979. Arthur…