All judgments entered against the obligors on any bond, whether official or voluntary, shall be for the amount of damages found by the verdict of the jury and not for the penalty thereof.
(Laws 1847, Cobb's 1851 Digest, p. 502; Code 1863, § 3494; Code 1868, § 3517; Code 1873, § 3575; Code 1882, § 3575; Civil Code 1895, § 5345; Civil Code 1910, § 5940; Code 1933, § 110-308.)
Cross references.- Measure of damages in actions on official bonds for misconduct of officer, § 45-4-29.
JUDICIAL DECISIONS
No recovery of amount greater than penalty.
- Sureties of a sheriff, after recoveries have been had against the sureties to the amount of the sureties' bond, may defend themselves at law against all pending or future suits on that ground. Bothwell v. Sheffield, 8 Ga. 569 (1850).
Penalty in bond being a certain sum, the surety is not liable thereon for more than that sum, with interest. Westbrook v. Moore, 59 Ga. 204 (1877).
This section does not provide for recovery against surety of an amount greater than the penalty of the bond; but rather this section provides for a lesser recovery. Gullatt v. Blankenship, 42 Ga. App. 139, 155 S.E. 353 (1930).
Peace bond.
- In a suit against the obligor and the obligor's sureties in a peace bond for a breach of peace, judgment for the full amount of the penalty stipulated in the bond will be awarded against the defendant and the defendant's sureties in case of a recovery. Shirley v. Terrell, 134 Ga. 61, 67 S.E. 436 (1910).
Bond in bastardy proceedings.
- When it did not appear either from the allegations in the petition or from the evidence adduced that the bond sued on was the statutory bond required in bastardy proceedings, the only recovery permissible was the amount of the actual damage sustained as a result of the breach of the bond. Graves v. Campbell, 33 Ga. App. 505, 126 S.E. 854 (1925), later appeal, 35 Ga. App. 418, 133 S.E. 267 (1926).
Subcontractor bonds.
- Surety on performance and payment bonds for a subcontractor could not be held liable to the general contractor for both the 25 percent penalty for bad faith and for attorney's fees and expenses of litigation. Congress Re-Insurance Corp. v. Archer-Western Contractors, 226 Ga. App. 829, 487 S.E.2d 679 (1997).
RESEARCH REFERENCES
Am. Jur. 2d.
- 12 Am. Jur. 2d, Bonds, § 37 et seq.
ALR.
- Validity of judgment entered on appeal or supersedeas bond without previous notice and opportunity to be heard, 86 A.L.R. 308.
Entire penalty as recoverable for breach of bond given to public as condition of license or other privilege, or conditioned on compliance with law, 103 A.L.R. 405.
Attorneys' fees as element of damages allowable in action on injunction bond, 164 A.L.R. 1088.