City of Beckley v. Moran

NORTHCOTT, Circuit Judge.

This is an action of covenant on a bond executed by the defendant Elwin Moran, as principal, and by the defendant JEtna Casualty & Surety Company, as surety, wherein the city of Beckley, a municipal corporation, which sues for the use and benefit of Rees T. Bowen, as plaintiff, seeks to recover from the defendants damages for a breach of the conditions of the bond. The action was brought in the District Court of the United States for the Southern District of West Virginia, at Bluefleld. The learned judge below sustained a demurrer to the plaintiff’s declaration, from…