
    Town of Grantville, for use, etc., v. Fidelity & Deposit Co.
    February 26, 1913.
    Complaint. Before Judge Bell. Fulton superior court. .October 24, 1911.
    
      Dodd & Dodd, for plaintiff. Leonard Haas, for defendant.
   Him,. J.

Under the facts of this case it is controlled by the ruling in the case of Town of Grantville v. Fidelity & Deposit Co., 139 Ga. 53 (76 S. E. 575); and therefore the court below did not err in sustaining the demurrer to the petition.

Judgment affirmed.

All the Justices concur.  