Bessinger v. National Surety Corp.

Mr. Chiee Justice Baker

delivered the unanimous Opinion of the Court.

This action was commenced by the appellant against National Surety Corporation as the surety on the official bond of L. O. Wiggins, a State Highway patrolman, for personal injuries sustained by appellant, and alleged to have been proximately caused by the breach or abuse of Wiggins’ official duties and powers.

The summons in the action was served on January 23, 1945, and the complaint was served on March 5, 1945. Within fifteen days thereafter, to wit, on March 20, the respondent, National Surety Corporation, served its…