McClung v. McClung

The question to be determined is: Would the bond be subject to a summary judgment entered thereon by the court or would a new and independent suit be required to enforce it against the bondsmen? That portion of the bond which is pertinent to the determination of this case reads: “Now in order to guarantee his compliance with the order of the court to make said payments the defendant brings P. 0. McClung and Marlin Lamar and Joe T. Wheeler as security, and they jointly and severally bind themselves to comply with the order of the court up to the amount of said bond, and this bond is made in…