City of Topeka v. Ritchie

*386The opinion of the court was delivered by

West, J.:

Case No. 21,088 having become moot by reason of subsequent pleadings requires no consideration, and the appeal is dismissed.

Case No. 21,615: The city sued a contractor and the surety on his bond, The Fidelity & Deposit, Company, setting up a judgment theretofore recovered against the contractor, Ritchie, December 28, 1912, on account of overpayments made by the city on the contract, also certain costs taxed therein, and another sum alleged to have been disbursed for extraordinary expenditures and attorney’s fees incurred in the former suit. By…