Legal Opinion

Carlan v. Fidelity & Casualty Co.

Court of Appeals of Georgia

Decided February 20, 1937No. 25760, 25793PublishedCited by 5 opinions

1Opinion of the CourtGtjerry, J.

1. The sheriff of Jackson County and the surety on his official bond may be sued on such bond in Stephens County, for an alleged wrongful act committed in Jackson county colore officii by such sheriff or his lawful deputy, where it is alleged that such surety has an office, agent, and place of business in Stephens County. Carlan v. Fidelity & Casualty Company of New York, 183 Ga. 715 (189 S. E. 527). In such action it is not necessary to allege that the surety is not a resident or subject to suit in Jackson County. Carlan v. Fidelity & Casualty Co., supra.

2. In a suit on a sheriff’s official…

2Cases cited5 opinions

  1. Mayor of Brunswick v. HarveySupreme Court of Georgia · 1902
  2. Copeland v. DunehooCourt of Appeals of Georgia · 1927
  3. Cantrell v. National Surety Co.Court of Appeals of Georgia · 1932
  4. Carlan v. Fidelity & Casualty Co.Supreme Court of Georgia · 1937
  5. Spires v. SpiresCourt of Appeals of Georgia · 1923

3Cited by5 opinions

  1. Walker v. WhittleCourt of Appeals of Georgia · 1951
  2. Heavner v. State Road CommissionWest Virginia Supreme Court · 1937
  3. American Surety Co. v. SmithCourt of Appeals of Georgia · 1937
  4. Thompson v. SpikesDistrict Court, S.D. Georgia · 1987
  5. Jackson v. NortonCourt of Appeals of Georgia · 1947

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