Graphic Arts Bldg. Co. v. Union Indemnity Co.

The contest before this court is between the Koerner Engineering Company, appellant, a furnisher of materials, and the Union Indemnity Company, appellee, surety on the contractor’s bond.

Two questions are presented; (1) Whether or not it is necessary, in a concursus proceeding instituted by the owner of the building and where the contractor and all parties having an interest have been cited to come into the proceeding, for the'furnisher of materials to take a preliminary default against the contractor, who has made no appearance,- before judgment can be rendered against him; and (2) can the…