Utesch v. United States Fidelity & Guaranty Co.

SCOTT, District Judge.

The above entitled cause came before the Court on the 12th day of May, 1939, upon agreement of parties to vacate the assignment for May 16th, 1939, and proceed to hearing of defendant’s motion to dismiss. And thereupon the motion was fully argued by counsel for the plaintiff and defendant, and submitted.

The complaint is one by an administrator de bonis non with will annexed, against a surety upon the bond of a derelict and deceased administrator.

The ground of the motion and contention by defendant was that an action on the bond would not lie against the surety until an…