Atlas Supply Co. v. United States Fidelity & Guaranty Co.

Quillian, Judge.

The sole question presented by this appeal is whether the complaint was filed prematurely where there was no foreclosure of the materialman’s lien, no proceeding instituted to recover on the bond given under Code Ann. § 67-2004 and no other action instituted against Apartment Development, Inc., or Floyd Granger to establish the amount of damages to which the plaintiff might be entitled. This court has held in Hartford Acc. &c. Co. v. Young, 40 Ga. App. 843 (2) (151 SE 680) that “the right of action against a sheriff for the acceptance of an insolvent or insufficient surety…