United States Fidelity & Guaranty Co. v. Western Seafood Co.

The plaintiff brought this action seeking subrogation to the right of a creditor to maintain an action against a debtor, of which the plaintiff was surety and had paid the debt, and for a judgment against a defendant which had no contract relation either with the creditor or the debtor. The cause came on for trial before the court without a jury, and, at the conclusion of the plaintiff’s evidence, the defendant moved for a nonsuit, which motion was sustained, and a judgment was entered dismissing the action with prejudice. Thereafter the plaintiff moved for a vacation of the judgment, which…