Section 35-4-61

Liability of probate judge for failure to perform duties generally.

If any judge of probate neglects or refuses to perform any of the duties required by this division, he is liable to a civil action for damages to the party injured and also to a penalty of $200.00, which may be sued for by the county treasurer for the use of the county or in his own name by the party aggrieved, for the joint use of himself and the county.

(Code 1852, §1272; Code 1867, §1541; Code 1876, §2151; Code 1886, §1795; Code 1896, §989; Code 1907, §3371; Code 1923, §6858; Code 1940, T. 47, §100.)