State Ex Rel. Stone v. United States Fidelity & Guaranty Co.

ON PETITION FOR REHEARING

Draper, P. J.

In his petition for rehearing the appellant says our opinion in this case is out of harmony with the more recent decisions of this and the Supreme Court, and that the appellee should be held liable whether Montgomery was acting virtute oficii or colore oficii. He asserts the liability of the appellee on this bond is as broad as the liability of the surety on the bond of a sheriff, and so reasons that we erred in our decision of this case.

We think the trend is, in general, in the direction of broadening liability. The recent case of Stale ex rel. Penrod v.…