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SARASOTA COUNTY, FLA. v. AMERICAN SURETY CO.

No. 6912.

68 F.2d 543 (1934)

SARASOTA COUNTY, FLA., v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1934.

Attorney(s) appearing for the Case

Winder H. Surrency, of Sarasota, Fla., and J. V. Keen, of Tallahassee, Fla., for appellant.

John F. Burket, of Sarasota, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

The American Surety Company, a New York corporation, sued Sarasota county, a county in Florida, for money had and received under circumstances set forth at length in its declaration. The county demurred on the ground that it was not suable in the federal District Court; and, its demurrer having been overruled, filed a plea, in which it did not deny, and therefore admitted, the facts as alleged by the surety company, but in which it set out a...

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