City of Chicago v. Siebert

The appeal of the defendant surety company is from a judgment of $1,500 entered upon the finding of the court. The defendants made a motion to strike the statement of claim, which was denied, and defendants electing to stand by their motion, their default was entered for want of an affidavit of merits. The.court heard evidence in support of the statement, a finding was made and judgment' entered as above set forth.

The facts are not in dispute. The statement of claim alleged and the proof tended to show that on July 19,1923, defendant Joseph Siebert, Jr., as principal, and the surety…