Contos

In this action plaintiff brought suit against defendants on a claim for money due for services performed as a laborer by himself and certain colaborers who assigned their claims to him, which labor and services were performed for defendants J. Wilmshurst and Theodore Manetas in the construction of a certain highway. The defendant Fidelity & Deposit Company of Maryland, a corporation, was made a party defendant by reason of its having as surety made and executed a bond to secure payment of all claims for labor and materials, in and about the construction of such highway. Judgment was entered in favor of plaintiff and against defendant Theodore Manetas and J. Wilmshurst, individually and as co-partners, and Fidelity & Deposit Company of Maryland, a corporation, and each of such defendants for the sum of $11,402.20 and costs amounting to $28. From this judgment defendants appealed.

All of the defendants, excepting defendant Fidelity & Deposit Company of Maryland, a corporation, have filed in this court dismissals of the appeal. The dismissal of the appeal is opposed by appellant Fidelity & Deposit Company of Maryland.

It appears from affidavits on file and which are not disputed…