Section 12-22-41

Liability to appellee for taking insufficient surety.

For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.

(Code 1852, §3021; Code 1867, §3491; Code 1876, §3929; Code 1886, §3630; Code 1896, §447; Code 1907, §2880; Code 1923, §6139; Code 1940, T. 7, §800.)