Hardin v. McCarthy

Appellant sued Joe McCarthy, as contractor, and Globe Indemnity Company, as surety on McCarthy’s bond, for a balance of $2,000 due on material furnished McCarthy in the prosecution of his contract ^with the city of Coleman to pave a part of Neches street; and sued the city of Coleman for alleged wrongful payment of the contract price of the pavement after appellant had' filed his affidavit and itemized account attempting to fix a lien upon or impound the funds due McCarthy on his contract. On the trial to the court without a jury appellant recovered judgment against McCarthy as prayed, but…