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MASTERS v. PARDUE

35475.

91 Ga. App. 684 (1955)

86 S.E.2d 704

MASTERS v. PARDUE et al.

Court of Appeals of Georgia.

Rehearing Denied March 18, 1955.

Attorney(s) appearing for the Case

Irwin R. Kimzey, Kimzey & Kimzey, Herbert B. Kimzey, for plaintiff in error.

Kimzey & Crawford, contra.

FELTON, C. J.

The plaintiff sued United States Fidelity & Guaranty Company on a sheriff's official bond. The bond was a joint and several obligation, and the plaintiff had the right to proceed against the surety alone without joining the sheriff. Jefferson v. Hartley, 81 Ga. 716 (9 S. E. 174). The sheriff petitioned the court to be made a party defendant. The court by order made the sheriff a party defendant to the record; allowed him to file defensive...

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