Donaldson v. Walker

Court of Appeals of Georgia

Donaldson v. Walker

132 S.E. 649, 35 Ga. App. 224, 1926 Ga. App. LEXIS 650

CourtCourt of Appeals of Georgia

DecidedApril 14, 1926

Docket17063

StatusPublished

Cited by1 cases

This text of 132 S.E. 649 (Donaldson v. Walker) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Donaldson v. Walker, 132 S.E. 649, 35 Ga. App. 224, 1926 Ga. App. LEXIS 650 (Ga. Ct. App. 1926).

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Opinion

Broyles, C. J.

(After stating the foregoing facts.) Under the law of this State the measure of damages upon all official bonds, for the misconduct of the officer (unless otherwise specially enacted), is the amount of injury actually sustained, including the-reasonable expense of the suit to the plaintiff, besides the costs of court. Civil Code (1910), § 299. In the instant case it is im[226]*226possible to tell from the petition and the itemized account attached thereto what was the amount of injury, if there was any, actually sustained by the plaintiff. In fact the petition fails to show any actual injury sustained by the plaintiff by reason of the alleged breach of the bond. The petition, therefore, did not set out a cause of action, and the court erred in overruling the demurrer.

Judgment reversed.

Luke, J., concurs. Bloodworth, J., not participating, on account of illness.

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Broyles, C. J.

(After stating the foregoing facts.) Under the law of this State the measure of damages upon all official bonds, for the misconduct of the officer (unless otherwise specially enacted), is the amount of injury actually sustained, including the-reasonable expense of the suit to the plaintiff, besides the costs of court. Civil Code (1910), § 299. In the instant case it is im[226]*226possible to tell from the petition and the itemized account attached thereto what was the amount of injury, if there was any, actually sustained by the plaintiff. In fact the petition fails to show any actual injury sustained by the plaintiff by reason of the alleged breach of the bond. The petition, therefore, did not set out a cause of action, and the court erred in overruling the demurrer.

Judgment reversed.

Luke, J., concurs. Bloodworth, J., not participating, on account of illness.

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Bluebook (online)

132 S.E. 649, 35 Ga. App. 224, 1926 Ga. App. LEXIS 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donaldson-v-walker-gactapp-1926.

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