Hollister v. United States Fidelity & Guaranty Co. of Baltimore

This was an action to recover upon a bond executed by defendant as surety. Defendant demurred to the complaint on the grounds (1) that it failed to state facts sufficient to constitute a cause of action; and (2) that it appears on the face thereof that there is a defect of parties defendant. The demurrer was overruled by the court below, and defendant appealed.

It is alleged in the complaint that on May 12, 1898, judgment was rendered in the circuit court of the United States for the district of Minnesota in an action pending therein between one Doyle, as plaintiff, and W. E. McCord and McCord…