Commonwealth Ex Rel. Gill v. Smith & Massachusetts Bonding & Insurance

Opinion by

Linn, J.,

This is an appeal by a surety company, one of two defendants, from judgment for want of a sufficient affidavit of defense entered against it and the other defendant, Smith, in a suit brought in the name of the Commonwealth, at the relation of John Gill, to recover on the official bond of defendants given pursuant to statute for the faithful performance by Smith of his duties as clerk of the court of quarter sessions of York County. There is no dispute of fact, the single question being whether the bond renders the surety company liable for the clerk’s failure to pay to Gill…