Daniel H. Overmyer and Shirley Overmyer v. Fidelity and Deposit Company of Maryland

MULLIGAN, Circuit Judge:

This appeal reveals a crass misuse of both the state and federal judicial systems to avoid the payment of a judgment. In 1973 Eliot Realty, Inc. successfully brought an action against Overmyer Distribution Services, Inc. (Overmyer Inc.) in a Justice Court in Dallas, Texas to recover possession of real property. Overmyer Inc. appealed to the Dallas County Court obtaining from Fidelity and Deposit Company of Maryland (Fidelity), the appellee in this action, an appeal bond. Shirley and Daniel H. Overmyer, the appellants here, executed a general agreement of indemnity…