Opinion
15849.
JUNE 12, 1947. REHEARING DENIED JULY 11, 1947.
Receivership, etc. Before Judge Almand. Fulton Superior Court. February 21, 1947.
James F. Cox, William G. Grant, Lokey Bowden, Sydney F. Keeble, E. D. Smith Jr., Carl B. Copeland, Hoke Smith, and Smith, Kilpatrick, Cody, Rogers McClatchey, for plaintiffs in error.
Moise, Post Gardner, and Powell, Goldstein, Frazer Murphy, contra. Henry A. Stewart, Sapp Erwin, J. N. Peacock Jr., William C. McLean, Leonard Farkas, Walter H. Burt, Beck, Goodrich Beck, James E. Morrisette, McQueen McQueen, S. B. Lippitt, Wright McGuire, and Reuben Wright, for persons at interest, not parties.
This case is controlled by the decision in Irwin v. Willis, ante, 463, and the judgment is reversed on condition that the defendant, The Arlington Corporation, give the bond offered in its amendment of February 21, 1947, the bond to be approved by the court, and that the said defendant comply with the other offers made in the said amendment; otherwise, the said judgment to stand affirmed.
Judgment reversed on condition. Jenkins, Chief Justice, Bell, Wyatt, Head and Candler, Justices, and Boykin, Judge, concur. Atkinson Justice, disqualified.
No. 15849. JUNE 12, 1947. REHEARING DENIED JULY 11, 1947.
Justice Atkinson being disqualified, Judge Boykin was designated for this case.