Transamerica Insurance v. Paine Supply Co.

JONES, Justice.

There is no necessity for detailing the facts in this case because each party concedes that there is only one question in.volved. A materialman sought to enforce his claim against the appellant, the bondsman on a private construction contract. Suit was filed more than one year after the completion and final settlement, but no publication of notice thereof had been made.

Appellant contends that under Mississippi Code of 1942 section 376, which is the statute upon which the suit was based, it was not necessary to publish notice since the one-year statute of limitation began…