Lawyers Surety Corp. v. Mahood

; CULyER, Justice.

The instant suit arose out of one filed in the district court of Harris County, styl*698ed Pauldo Nicholson et al. v. H. V. Turner et al. In that suit, which we shall refer to as the “original suit,” on motion of the plaintiffs and upon the giving of a cost bond as required, Walter C. Burer was appointed by the court as auditor. This appellant, Lawyers Surety Corporation, was the surety on said bond with Pauldo Nicholson, one of the plaintiffs, as the only principal.

The instant suit was brought by David Mahood, the assignee of the auditor, Walter C. Burer, to recover against the…