Dougherty v. Wise

—The complaint in this action asks for a reversal of a judgment upon default rendered by the Marion Superior Court against appellees, in favor of appellants, upon the ground that the complaint in said action did not state facts sufficient to constitute a cause of action against appiellee Wise.

In the action upon which judgment was rendered, appellant Dougherty sought to recover judgment against the appellees upon a building contract and a bond executed by appellees Leonard as principal and Wise as surety, to secure its faithful performance.

In the case at bar the trial court overruled…