Smith v. Stapler
Supreme Court of Georgia
County matters. Ordinary. Before Judge James Johnson. Muscogee Superior Court. November Term, 1873. James M. Smith, as governor of the state of Georgia, for the use of R. S. Reynolds, brought debt against William L. Stapler and Thomas C. Pridgen, alleging substantially as follows : The defendants became sureties on the bond of John W. Duer, formerly ordinary of Muscogee county, by which they bound themselves jointly and severally, that the said Duer should well and truly…
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County matters. Ordinary. Before Judge James Johnson. Muscogee Superior Court. November Term, 1873. James M. Smith, as governor of the state of Georgia, for the use of R. S. Reynolds, brought debt against William L. Stapler and Thomas C. Pridgen, alleging substantially as follows : The defendants became sureties on the bond of John W. Duer, formerly ordinary of Muscogee county, by which they bound themselves jointly and severally, that the said Duer should well and truly discharge all his duties as ordinary They have *beeome indebted to the plaintiff in the sum of $3,000 00, 'for that, on or…
1Opinion of the Court
Trippe, Judge.
This was a suit against the sureties on the ordinary’s bond, that officer being dead. All facts necessary to the full understanding of the case are given by the reporter. Was the action maintainable? We think not; and the court did not err in dismissing it. Section 321, Code, provides that ordinaries “must give bond and security in the sum.of $1,000 00, for the faithful discharge of their duties as clerks of the ordinary.” By section 341 they are, by virtue of their offices, clerks of their own courts; “but they may, at their own expense,. appoint one or more clerks, for whose…
2Cited by2 opinions
- State v. HendersonSupreme Court of Georgia · 1904
- Head v. WaldrupSupreme Court of Georgia · 1941