Elliott v. Marc Wilcher Realty, Inc.

This case involves the right of a surety on the bond of a defaulting real estate broker to have vacated, during court term, a judgment entered against it, and to file an amended answer setting forth the fact that it had paid its entire liability of $5,000, under its bond, to various other persons who had been victimized by the broker.

The trial court denied a motion of the surety company to accomplish the above claimed right, and entered its judgment accordingly. The surety has appealed to this court and asserts error in the court’s ruling.

It appears that on October 8, 1957, Ineva Elliott, the…