Atlas Security Co. v. O'Donnell

The ruling on the demurrer to plaintiff’s petition, with the resulting judgment dismissing the cause of action, is the provocation for the instant appeal. Under the nomenclature of common-law pleading, this is an action in debt. The bond of a notary is generally considered to be one of indemnity only. 46 Corpus Juris 528, Section 43. In any event, the instant action is not within the domain of tort.

Whatever divergence of opinion is found in the decisions of appellate courts in the various jurisdictions as to the nature of the liability of a notary public or the sureties on his bond, there is…