Ilse v. Aetna Indemnity Co.

This is a suit-upon an indemnity bond. A demurrer to the complaint was sustained, and upon the plaintiff’s statement that he would stand upon his complaint, a judgment of dismissal was entered. The plaintiff has appealed. .

The bond, which is made a part of the complaint, provides:

“If any suits at law or proceedings in equity are brought against said surety to recover any claim hereunder, the same must be instituted within six months after the completion of the work specified in said contract.” ■

The complaint alleges that the appellant had a contract for the erection of a courthouse and j ail,…