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HARTFORD ACC. AND IND. CO. v. ANKENY

199 Or. 310 (1953)

261 P.2d 387

HARTFORD ACCIDENT AND IND. CO. ET AL. v. ANKENY

Supreme Court of Oregon.

Affirmed September 30, 1953.

Attorney(s) appearing for the Case

John B. Ebinger, of Klamath Falls, argued the cause and filed a brief for respondents other than Hartford Accident and Indemnity Company and State of Oregon.

Ben Anderson, of Portland, argued the cause for appellant. With him on the brief were Anderson & Franklin, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, BRAND and TOOZE, Justices.

AFFIRMED.

BRAND, J.

This suit was commenced 2 September 1949 by plaintiff Hartford Accident and Indemnity Company by filing a pleading which it denominated a "Bill of Peace in Equity in the Nature of an Interpleader and for a Declaratory Judgment." The bill alleged that the plaintiff was surety on a bond executed by the defendant, Ankeny, as principal, and that claims have been made against the surety by 18 other defendants named in the bill and hereafter...

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