John Hancock Mutual Life Insurance v. Rowland

1. The transaction between the sheriff and the attorney for the insurance company did not amount to a payment of the taxes, and the insurance company was not entitled to injunction to restrain enforcement of the tax executions. Civil Code (1910), § 1013. The present case differs on its facts from Palmer v. Harrison, 165 Ga. 842 (142 S. E. 276).

2. But the evidence would have authorized a finding in favor of the insurance company for a breach of the sheriff’s bond by acts done under color of office; and the court erred in directing a verdict in favor of the defendants on that issue. Civil Code…