UNITED STATES FIDELITY AND GUARANTY CO v. STATE Ex OAK HILL FIRE BRICK AND COAL CO

OPINION

By KUNKLE, J.

A determination of this question depends upon whether the bond sued upon is controlled by the provisions of §§2314, 2315, and 2316 GC, or whether the same is controlled by the provisions of §§2365-1-2-3, etc. GC. Counsel for plaintiff concede that if the ease is controlled by the provisions of §§2365-1-2-3, etc, GC, then certain jurisdictional facts required by such sections are not stated in the petition and the demurrer should have been sustained. Counsel for defendant surety company upon the other hand, with equal frankness, admit that if the case is controlled by the…