Sims v. United States Fidelity & Guaranty Co.

Hall, Judge.

The plaintiff appeals from the judgment of the trial court sustaining the defendant’s general demurrer and dismissing his petition against the security on a performance bond for the Clerk of the Superior Court of Oglethorpe County, executed in accordance with Code § 89-401 et seq. to recover for the loss sustained by the plaintiff allegedly due to the clerk’s negligent performance of his official duty to enter the date of the filing of a bill of exceptions in his office. It is alleged that the plaintiff filed his bill of exceptions on December 28, 1959, and the clerk made the…