State Ex Rel. Wadsworth v. Southern Surety Co.

The original complaint, several petitions for intervention, and demurrers sustained thereto present the questions thoroughly argued by many of counsel. These pleadings, the appeal, .and assignments of error directly raise the argued questions.

The first is whether the labor, material, gas, oil, tires, feedstuffs, and the supplies named in the complaint or interventions, and alleged to have been used in the execution of the work provided for in the original contract and -suretyship, were such as were within the purview of the provisions of the road contractors’ bond on which the suit was…