Dixie Minerals Corp. v. Dixie Asphalt Paving Co.

Smith, O. J.,

delivered the opinion of the court.

The Dixie Asphalt Paving Company entered into a contract with the city of Bay St. Louis to pave certain of its streets, and executed a bond for the faithful performance thereof with the United States Fidelity & Guaranty Company as surety thereon. The appellant Dixie Minerals Corporation sued on this bond in accordance with sections 5971 et seq., Code 1930-, to recover the amount alleged to be due it by the paving company for materials furnished it with which to pave the street. Publication of the suit was made in accordance with section 5976,…