Board of Commissioners v. Massachusetts Bonding & Insurance

ON REHEARING.

Bell, J.

1. A motion for a rehearing, filed by the defendant

in error, was granted. It is contended that we should have gone further and held that section 585 is unconstitutional, for reasons stated in the petition. The allegations upon this question are shown in the statement preceding the decision. In the original decision we held that the execution must be construed as having been issued by authority of section 585, and that having been so issued it could not be arrested by affidavit of illegality. This was in accordance with the decision in Massachusetts Bonding Co. v. Richmond…