Dutton Dredge Co. v. United States Fidelity & Guaranty Co.

The plaintiff commenced an action to recover damages for breach of an alleged contract under the terms of w'hieh the defendant undertook to keep the plaintiff covered with compensation insurance. The defendant answered and the action was tried before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has appealed.

After the plaintiff had filed its complaint the defendant commenced an action to obtain a writ of prohibition to restrain the trial court from further proceeding with the trial. The writ was…