Davison County v. Watertown Tide & Construction Co.

MORIARTY, C.

This action is now before this court for the third time. The first appeal was from an order ■ overruling a demurrer to the complaint. The decision in that appeal will be found in 47 S. D. 101, 196 N. W. 96. The second appeal was from an order refusing to vacate a default judgment against appellant herein. This order was reversed and appellant allowed to answer. 1 he decision on this second appeal will be found in 48 S. D. 24, 201 N. W. 1005.

This action is. on a bond1 given to insure the performance of certain acts by Watertown Tile & Construction’ Company. The said Watertown Tile…