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NATIONAL SURETY CO. v. COUNTY BOARD OF EDUCATION

No. 2491.

15 F.2d 993 (1926)

NATIONAL SURETY CO. v. COUNTY BOARD OF EDUCATION OF McDOWELL COUNTY et al.

Circuit Court of Appeals, Fourth Circuit.

October 19, 1926.

Attorney(s) appearing for the Case

Mark W. Brown, of Asheville, N. C., for plaintiff in error and cross-defendant in error.

J. W. Pless, of Marion, N. C. (Pless, Winborne & Pless and Hudgins, Watson & Washburn, all of Marion, N. C., on the brief), for defendants in error and cross-plaintiffs in error.

Before WADDILL and PARKER, Circuit Judges, and SOPER, District Judge.

PARKER, Circuit Judge.

This cause, although instituted as an action at law, is in reality a suit in equity. Its purpose is to establish an equitable lien and to enforce rights arising thereunder, and the only relief appropriate under the pleadings is equitable relief. On motion of the parties, or by the court ex mero motu, it might have been transferred to the equity docket in the District Court. Act March 3, 1915, 38 Stat...

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