Kyser v. American Surety Co.

This is a bill in equity by the American Surety Company filed in the circuit court of Dallas county against James K. Kyser, a resident citizen of Monroe county, and R. L. Kenan, a resident citizen of Dallas county. Kenan demurred to the bill because it seeks no relief against him. His demurrer was sustained by the trial court on November 1, 1924, and no appeal was taken from the decree.

The defendant, Kyser, on September 18, 1924, demurred to the bill because: (1) There is no equity in the bill; (2) the facts alleged in said bill do not show any necessity for an accounting, and it does not…