Fidelity & Deposit Co. v. Gainesville Iron Works, Inc.

Jordan, Presiding Judge,

Gainesville Iron Works and Oak-wood Steel Company instituted separate actions in the State Court of Hall County seeking judgments as claimants on a labor and material payment bond for materials furnished for the construction of the Columbus-Muscogee County courthouse. The defendant sureties sought dismissal by reason of the following provisions of the contract: "3. No suit or action shall be commenced hereunder by any claimant: . . . (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the…