Jones v. Head

ON REHEARING.

Grice, Justice.

The views of the writer on rehearing, concurred in by Justices Bell and Jenkins, are as follows:

Counsel for the plaintiff insists that the decision in Ben Hill County v. Massachusetts Bonding & Insurance Co., 144 Ca. 325 (87 S. E. 15), holds the contrary to what has been ruled in the instant case. There the execution was against the sheriff, and the company as his surety. Application was made by plaintiff in fi. fa. to the judge of the superior court for the appointment of a receiver to take charge of a sufficient amount of the funds which the company had on…