Blackham v. Snelgrove

WORTPIEN, Justice.

Appeal from an order of dismissal for failure of plaintiff’s complaint to state a claim upon which relief can be granted.

The only material facts, accordingly, are the averments in plaintiff’s complaint:

“1. That the defendant A. M. Snel-grove during all times mentioned herein was and now is, City Recorder and Clerk of the City of Provo, State of Utah.

“2. [That defendant American Surety Company of New York is a corporation authorized to do business in Utah.]

“3. [Allegations of defendant Snel-grove’s execution of his official bond with the defendant surety company as surety.]

“4.…