Massachusetts Bonding & Insurance v. Board of Commissioners

The controversy relates only -to twenty “per cent, interest” and “attorney’s fees,” and the proceeding is as provided for under Civil Code §§ 585, 1187. It is not under §§ 522, 523, 524, which have no reference to penalty or attorney’s fees. It has been held that, after levy of an execution issued under the three sections last mentioned, illegality is an available remedy, Roberts v. Dancer, 144 Ga. 341 (87 S. E. 287). Also that if the execution provided for under those sections has not been levied, illegality is not available, but injunction is the remedy. Ben Hill County v. Massachusetts…