Stanton v. Walton County Bank

The petition filed by the Bank of Walton County and the State Superintendent of Banks alleged the facts on which judgment was sought against the defendant. There is no allegation in the petition which can be construed as a contention that the contract sued on is either one of indemnity or of surety. The demurrer to the petition contained the usual general grounds and several special grounds. The general grounds merely attack the petition on the claim that it sets up no cause of action. None of the special grounds make, any reference to the subject of indemnity or surety. The Court of Appeals…