Nye v. United States Fidelity & Guaranty Co.

This is an action upon an executor’s bond. Plaintiff dismissed as to the defendant J. W. McDaniels, executor of the will of J. S. McDanieldn deceased. Thereafter, the remaining defendant, United States Fidelity & Guaranty Company, hereinafter called the defendant, filed a demurrer to the petition which demurrer the court sustained. Relator refused to plead further, her petition was dismissed by the court and she has appealed.

The second amended petition, to which the demurrer was sustained, alleged that the defendant was surety on the bond of the defendant, J. W. McDanield, executor under the…