Legal Opinion

Johnson v. Shurley

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 13 opinions

Practice in the Superior Court. Process. Service. Waiver. Before Judge Pottle. Warren Superior Court. October Term, 1876. Reported in the opinion.

1Opinion of the Court

Bleckley, Judge.

The bond sued upon was joint, not joint and several. It was given to the sheriff by the deputy sheriff and his sureties, and was intended to indemnify the sheriff against any official misconduct by the deputy. The action was for a breach of the bond. The sheriff was the plaintiff, and to him the process was directed, and by him it was served upon each of the defendants. The process was undoubtedly bad. It ought to have been directed to the coroner of the county, and to the sheriffs of the adjoining counties. Code, §3344. The sheriff, being the plaintiff, could not serve it.…

2Cases cited1 opinion

  1. Flury v. GrimesSupreme Court of Georgia · 1874

3Cited by13 opinions

  1. Cox v. PottsSupreme Court of Georgia · 1881
  2. Harper v. Tennessee Chemical Co.Court of Appeals of Georgia · 1927
  3. Lexington Developers, Inc. v. O'Neal Construction Co.Court of Appeals of Georgia · 1977
  4. State v. JeterSupreme Court of Georgia · 1878
  5. Abrams v. AbramsSupreme Court of Georgia · 1977

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