Sheppard v. Clark

Supreme Court of Georgia

Sheppard v. Clark

132 S.E. 755, 162 Ga. 143, 1926 Ga. LEXIS 123

CourtSupreme Court of Georgia

DecidedApril 16, 1926

DocketNo. 5058

StatusPublished

This text of 132 S.E. 755 (Sheppard v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheppard v. Clark, 132 S.E. 755, 162 Ga. 143, 1926 Ga. LEXIS 123 (Ga. 1926).

Pincite

Opinion

Gilbert, J.

1. It is not mandatory, under section 3054 of the Civil Code (1910), that the guardian be sued in the same action with the surety. It is merely permissible.

2. In a suit upon a guardian’s bond against the sureties on it, the guardian not being joined as a party defendant either in his representative capacity or in his individual capacity, the petition is subject to amendment by alleging judgments rendered against the guardian in his representative capacity and in his individual capacity.

All the Justices concur.

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Gilbert, J.

1. It is not mandatory, under section 3054 of the Civil Code (1910), that the guardian be sued in the same action with the surety. It is merely permissible.

2. In a suit upon a guardian’s bond against the sureties on it, the guardian not being joined as a party defendant either in his representative capacity or in his individual capacity, the petition is subject to amendment by alleging judgments rendered against the guardian in his representative capacity and in his individual capacity.

All the Justices concur.

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Bluebook (online)

132 S.E. 755, 162 Ga. 143, 1926 Ga. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-clark-ga-1926.