HARDEN v. UNITED STATES FIDELITY & GUARANTY CO.

5 Div. 672.

101 So.2d 302 (1958)

Carl HARDEN, as adm'r, v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Supreme Court of Alabama.

March 6, 1958.


Attorney(s) appearing for the Case

Godbold, Hobbs & Copeland, Montgomery, for appellant.

Ball & Ball, Montgomery and Holley, Milner & Holley, Wetumpka, for United States Fidelity & Guaranty Co.

Rushton, Stakely & Johnston and Chas. E. Porter, Montgomery, for Commercial Cas. Ins. Co.


SIMPSON, Justice.

On December 4, 1951, plaintiff filed suit against United States Fidelity & Guaranty Company, a Maryland Corporation, on its surety bond. On March 5, 1952, the Commercial Casualty Insurance Company was added as a party defendant. By a series of pleadings not here pertinent the cause remained in fieri until June 7, 1956, at which time the plaintiff due to the sustaining of the defendants' demurrers to the complaint, took a non-suit and reserved...

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