(b) The sustaining of special demurrers to a pleading has the effect of deleting the objectionable matter, and may or may not result in leaving the petition open to general demurrer or motion to dismiss, depending upon whether or not the matter expunged is necessary to set out a cause of action. This latter situation obtained in the cited cases of Meeks v. Douglas, 112 Ga. App. 742 ( 146 S.E.2d 127); Driskal v. Mutual Ben. Life Ins. Co., 144 Ga. 534 ( 87 S.E. 668). Again, a petition may be attacked by special demurrer for misjoinder or duplicity and, if the defect is not cured, may become subject to dismissal. Ford v. American Discount Co., 112 Ga. App. 559 ( 145 S.E.2d 667); Thomas v. Georgia R. c. Co., 23 Ga. App. 428 (3) ( 98 S.E. 360). Also, a petition may originally be attacked by both general and special demurrer, and the court, sustaining both general and special demurrers with leave to amend, will be justified in dismissing the petition if it is not subsequently amended so as to supply that part of the cause of action which was originally lacking.

Pelka v. Ware Cty., Ga., CV 516-108, 2017 WL 4398652, at *5 (S.D. Ga. Sept. 29, 2017) (citing Cantrell v. Thurman, 231 Ga. App. 510, 514 (1998)). Id. (citing Meeks v. Douglas, 112 Ga. App. 742, 745 (1965)). Lord v. Lowe, 318 Ga. App. 222, 226 (2012).

A sheriff has a duty to provide medical care to inmates and a breach of that duty could implicate the sheriff's bond. Kendrick v. Anderson, 180 S.E. 647, 648 (Ga. Ct. App. 1938). The extent of Plaintiff's recovery is limited to the applicable bond. Meeks v. Douglas, 146 S.E.2d 127, 745 (Ga. Ct. App. 1965). Plaintiff alleges that Sheriff Royal's policy recognized withdrawal was a potentially fatal condition but Sheriff Royal failed to abate that risk.

Culpepper v. United States Fidelity Guaranty Co., 199 Ga. 56, 33 S.E.2d 168 (1945) (sheriff's deputy not liable under official bond for negligently killing pedestrian when injury to pedestrian caused by deputy's violation of traffic regulations while driving to serve jury summons; deputy had no official business with pedestrian); Wells v. Fidelity Deposit Co. of Maryland, 168 Ga. App. 77, 308 S.E.2d 713 (1983) (where sheriff stopped to kill rattlesnake and negligently left automobile jutting into road, officer not performing official duties and therefore bonding company not liable for sheriff's negligence); New Amsterdam Casualty Co. v. Mathis, 82 Ga. App. 421, 61 S.E.2d 422 (1950) (bonding company not liable to plaintiff, where county law enforcement officer drove negligently and struck plaintiff in responding to an emergency call); see generally Johnson v. U.S. Fidelity Guaranty Co., 93 Ga. App. 336, 339-40, 91 S.E.2d 779 (1956).Meeks v. Douglas, 112 Ga. App. 742, 146 S.E.2d 127 (1965) (petition alleging that county officers wrongfully seized and subsequently damaged property, "although sufficient with respect to all of the defendants individually," could not proceed because ex delicto action against individual officers had improperly been joined with action ex contractu on bond).Carlan v. Fidelity Casualty Co. of New York, 55 Ga. App. 271, 190 S.E. 47 (1936) (misjoinder apparent where plaintiff asks as damages a sum greater than that provided by sheriff's bond, though potential liability for wrongful acts under color of office acknowledged).