American Bonding & Trust Co. v. Garrett

BEESE, Associate Justice.

— This, suit was instituted in the County Court by Eliza Garrett against the American Bonding & Trust Company. Defendant was regularly cited, but made default, and. on June 8, 1909, judgment by default was rendered in favor of plaintiff for the amount claimed, principal and interest. The cause is properly in this court on writ of error sued out by the defendant.

By several assignments of error plaintiff in error presents its contention that the petition is bad on general demurrer and will not support a judgment by default.

The action is based upon an official bond…