The measure of damages recoverable in actions upon all official bonds for the misconduct of the officer, unless otherwise specially enacted, shall be the amount of injury actually sustained, including the reasonable expenses of the action to the plaintiff and the costs of court. In all cases when little or no damage is actually sustained and the officer has not acted in good faith, the jury may find for the plaintiff an amount as exemplary damages which, taking all the circumstances together, shall not be excessive or oppressive.
History. Orig. Code 1863, § 162; Code 1868, § 157; Code 1873, § 168; Code 1882, § 168; Civil Code 1895, § 264; Civil Code 1910, § 299; Code 1933, § 89-421; Ga. L. 1990, p. 8, § 45.
History of Code section.
This section is derived partially from the decisions in Taylor v. Johnson, 17 Ga. 521 (1885); Dobbs v. Justices of Murray County, 17 Ga. 624 (1885).
Cross references.
Amount of judgments on bonds generally, § 9-12-13 .
Law reviews.
For article on bond liability and righting the wrongs of Georgia local government officers, see 13 Ga. L. Rev. 747 (1979).
Structure Georgia Code
Title 45 - Public Officers and Employees
§ 45-4-1. Bonds to Be Payable to Governor and Conditioned Upon Faithful Discharge of Duties
§ 45-4-3. Return of Bonds; Actions on Bonds
§ 45-4-4. Bonds of Officers Commissioned by Governor
§ 45-4-5. Bonds to Have Sureties; Number and Qualifications
§ 45-4-6. Corporate Sureties Authorized
§ 45-4-7. County Officials Required to Have Corporate Surety on Bond; County to Pay Premiums
§ 45-4-8. Attorney at Law or County Officer Not to Be Surety
§ 45-4-9. New Bond and Surety When Surety Relieved or Insufficient
§ 45-4-10. Effect of Officer Failing to Comply With New Bond and Surety
§ 45-4-12. Approval and Filing of Bonds
§ 45-4-14. Time for Filing Bonds
§ 45-4-15. Filing Time to Be Endorsed on Bonds
§ 45-4-17. Probate Court Judge to Certify to Governor Taking of Oaths and Giving of Bonds
§ 45-4-18. Certification of Failure of Officer to Make and File Bond
§ 45-4-19. Notice to Attorney General of Failure of Officer to File Bond
§ 45-4-20. Nonconforming Bond to Stand in Place of Official Bond Though Not Approved and Filed
§ 45-4-21. Effect of Failure of Officer to Mark Bond or Give Required Notice
§ 45-4-22. Effect of Official Act Before Bond Approved and Filed
§ 45-4-23. Places for Keeping Bonds
§ 45-4-25. Actions on Bonds of Public Officers Authorized; Jurisdiction
§ 45-4-26. Action on Deputy’s Bond
§ 45-4-27. Effect of Recovery on Bond Upon Subsequent Proceedings
§ 45-4-28. Officer’s Liability When Bond Exhausted or Invalid and When Acting Without Bond