Town of Summersville Ex Rel. McCue v. Cooper

Rose, Judge:

Ray Lambert and Arnold McCue were awarded separate writs of error to an order of the Circuit Court of Nicholas County made in a statutory “interpleader” proceeding involving the amount due on a judgment obtained in that court by McCue against C. J. Cooper and the National Surety Corporation.

C. J. Cooper was sergeant of the Town of Summers-ville, and the National Surety Corporation was the surety on his official bond in the amount of $3500.00. McCue instituted an action of debt on the bond against Cooper and the surety company for $3500.00 charging that Cooper had arrested and…