Supreme Court of Georgia July 15, 1874 (Smith v. Stapler)

Trippe, Judge.

This was a suit against the sureties on the ordinary’s bond, that officer being dead. All facts necessary to the full understanding of the case are given by the reporter. Was the action maintainable? We think not; and the court did not err in dismissing it. Section 321, Code, provides that ordinaries “must give bond and security in the sum.