State Ex Rel. Lee v. Martin

OlaeK, 0. J.

Each and every one of the nine exceptions to the judgment should be sustained. Exception 1. 0. S., 354 provides that the official bond of the clerk of the Superior Court shall not “become void upon the first recovery, or if judgment is given for the defendant, but may be put in suit and prosecuted from time to time until the whole penalty is recovered; and every such officer and the sureties on his official bond shall be liable to the person injured for the acts done by said officer by virtue and under color of his office.”

The defendant bonding company filed in this proceeding its…