Brown v. Bradford
Supreme Court of Georgia
Debt, in Muscogee Superior Court. Tried before Judge Worrill, at November Term, 1859. This was an action of debt brought by the Governor of the State of Georgia, for the use of Ann Adams, executrix of Patrick Adams, deceased, against William H. Lamar, •Sheriff of Muscogee county, and James H. Bradford and others, the sheriff’s securities on the official bond of said sheriff.
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Debt, in Muscogee Superior Court. Tried before Judge Worrill, at November Term, 1859. This was an action of debt brought by the Governor of the State of Georgia, for the use of Ann Adams, executrix of Patrick Adams, deceased, against William H. Lamar, •Sheriff of Muscogee county, and James H. Bradford and others, the sheriff’s securities on the official bond of said sheriff. The declaration states, that at the February Term, 1856, of the Inferior Court of said county, the said Ann Adams, executrix as aforesaid, recovered a judgment against William B. Brown for $>284 73, besides interest and…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The sole question here is, whether or not the sureties of the sheriff can avail themselves of the former judgment in favor of their principal, they not being parties to that judgment. We think they can. The sheriff could, beyond doubt, protect himself by the judgment, and when he is clear, we think his sureties are clear. The responsibility is for his default, and he is in default when he acts against the *929judgment of the Courts, and not when he acts in conformity with them. He was not in default in refusing to account again for this money,…
2Cited by8 opinions
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- United States v. American Surety Co. of New YorkCourt of Appeals for the Second Circuit · 1932
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