Supreme Court of Georgia, 1926

Sheppard v. Clark

Sheppard v. Clark
Supreme Court of Georgia · Decided April 16, 1926 · Gilbert
162 Ga. 143; 132 S.E. 755; 1926 Ga. LEXIS 123

Sheppard v. Clark

Opinion of the Court

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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