Massachusetts Bonding & Insurance v. Lentz

William G. Lentz, hereinafter called appellee, filed suit against Alton B. Carter, hereinafter called the contractor, and Massachusetts Bonding- and Insurance Company, a corporation, hereinafter called appellant, to recover upon a bond given by the latter to secure the performance of a contract entered into between the contractor and appellee.

Appellant was duly served, and answered, but the contractor, although made a party to the suit, was never served and never appeared therein, the sheriff’s return on the summons showing- that he was unable to find the contractor “in Maricopa County.” The…