Sands, Taylor & Wood Co. v. American Insurance

This is an action of contract to recover the proceeds of a bond to .cover an amount of an execution, begun by writ dated March 5, 1963, in this court and heard upon an agreed statement of facts.

The facts disclosed that the plaintiff commenced suit in the District Court of Southern Essex against Richard D. Bowman and Bowman’s Bakery, Inc., and on September 14, 1962 recovered judgment against both defendants by default, and execution issued on September 19, 1962.

On October 8, 1962, Richard D. Bowman, one of the defendants in the original action, filed a petition to vacate the earlier judgment…