Maryland Casualty Co. v. Salmon

Court of Appeals of Georgia

Maryland Casualty Co. v. Salmon

163 S.E. 285, 45 Ga. App. 28, 1932 Ga. App. LEXIS 151

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1932

Docket21423

StatusPublished

Cited by3 cases

This text of 163 S.E. 285 (Maryland Casualty Co. v. Salmon) 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.

Bluebook

Maryland Casualty Co. v. Salmon, 163 S.E. 285, 45 Ga. App. 28, 1932 Ga. App. LEXIS 151 (Ga. Ct. App. 1932).

Pincite

Opinion

Stephens, J.

1. Where the official charged by law with the duty of disbursing and paying to the sheriff and other officials fees which are due them as the emoluments of their offices out of the fines and forfeitures of the court has made to the sheriff an overpayment of the fees due him out of the fines and forfeitures of the court, a failure of the sheriff to repay to the disbursing official the amount of such overpayments is not a breach by the sheriff of any official duty, but is a mere refusal of the sheriff to pay his private and individual debt; and the surety upon the sheriff’s official bond is not liable for such dereliction by the sheriff. Collier v. Stoddard, 19 Ga. 274; Commonwealth v. Hoffman, 74 Pa. 105; Furlong v. State, 58 Miss. 717; McCrory v. Board of Commissioners, 48 Okla. 684 (150 Pac. 683); 46 C. J. 1070.

2. The petition in a suit against the surety, to recover on the sheriff’s official bond for the alleged breach by the sheriff in failing to repay the money to the disbursing official, brought by the transferee of an execution against the sheriff in favor of the disbursing official, based upon a judgment against the sheriff for the debt, failed to set out a cause of action, and the court erred in overruling the demurrer.

Judgment reversed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

1. Where the official charged by law with the duty of disbursing and paying to the sheriff and other officials fees which are due them as the emoluments of their offices out of the fines and forfeitures of the court has made to the sheriff an overpayment of the fees due him out of the fines and forfeitures of the court, a failure of the sheriff to repay to the disbursing official the amount of such overpayments is not a breach by the sheriff of any official duty, but is a mere refusal of the sheriff to pay his private and individual debt; and the surety upon the sheriff’s official bond is not liable for such dereliction by the sheriff. Collier v. Stoddard, 19 Ga. 274; Commonwealth v. Hoffman, 74 Pa. 105; Furlong v. State, 58 Miss. 717; McCrory v. Board of Commissioners, 48 Okla. 684 (150 Pac. 683); 46 C. J. 1070.

2. The petition in a suit against the surety, to recover on the sheriff’s official bond for the alleged breach by the sheriff in failing to repay the money to the disbursing official, brought by the transferee of an execution against the sheriff in favor of the disbursing official, based upon a judgment against the sheriff for the debt, failed to set out a cause of action, and the court erred in overruling the demurrer.

Judgment reversed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

163 S.E. 285, 45 Ga. App. 28, 1932 Ga. App. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-casualty-co-v-salmon-gactapp-1932.

Opinion

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