United States Fidelity & Guaranty Co. v. Lawrence

Atkinson, Justice.

A judgment, rendered on an agreed statement of facts, against a principal and his surety on a statutory replevy bond filed by a defendant in an attachment case, was on review affirmed by the Court of Appeals. The principal obligor in the replevy bond had no interest in sustaining the judgment of affirmance, and consequently was not a necessary party to a petition for certiorari addressed to the Supreme Court by the surety alone, and failure of the petitioner to join him as a party is not cause for dismissal of the petition for certiorari.

*84(a) Whether or not the petition for…