McVICAR, District Judge.
The action in this case is to recover the amount of a surety bond, or contract of insurance, in the sum of $5,000. The defendant filed an affidavit of defense raising questions of law, which is now before us for decision. The affidavit of defense was filed prior to an amendatory or supplemental statement of claim. Both parties, in their oral and written arguments, treated the affidavit of defense as applicable to the original statement of...
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