American Surety Co. v. Thach

The American Surety Company brought this suit against J. T. Thach, seeking to recover the sum of $400 and interest, alleged to be owing by the defendant because of the fact that the plaintiff, as surety for the defendant, had incurred liability to that extent on account of the default of the defendant.

The defendant’s answer contained a number of special exceptions and general denial, but contained no plea asking for affirmative relief. The judgment contains recitals to the effect that, when the case was regularly called for trial, the plaintiff did not appear, but the defendant appeared and…