West v. Detroit Fidelity & Surety Co.

Redick, District Judge.

Action against the surety of the subcontractor to recover for labor and material furnished in the construction of a public highway. The petition declares upon fourteen causes of action, two of which belong to the plaintiffs and the twelve others being assigned to the plaintiffs for the purpose of suit. The plaintiffs dismissed the eleventh and fourteenth causes of action, and a verdict was rendered for plaintiff against the defendant on the other twelve, upon *546which verdict judgment was rendered, and the defendant appeals.

The state of Nebraska and Otoe county entered…