Mieyr v. Federal Surety Co.

This cause was heretofore before this court. (94 Mont. 508, 23 Pac. (2d) 959.) The decision there rendered was reviewed by the Supreme Court of the United States. (Clark v. Williard, 292 U. S. 112, 54 Sup. Ct. 615, 622, 87 It. Ed. 1160.) The facts in detail are stated in our former opinion. The following brief summary of the facts, however, is sufficient for the solution of the question now before us:

Williard and others brought a suit in the district court of Fergus county against the Federal Surety Company. A trial was had, resulting in a judgment of nonsuit, which was reversed on appeal.…