1. Courts (§ 342*) — Federal Courts — Forms of Action.

The equitable doctrine of subrogation cannot be applied in a federal court of law.

[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 912, 913; Dec. Dig. § 342.*]

2. Indemnity (§ 15*) — Persons Entitled to Enforce.

Where persons other than the contractor, for whom a surety company had executed a bond for the faithful performance of a contract with the United States for a public improvement, executed a bond to indemnify the surety company against damages that it might suffer under the bond, but there was no privity in interest between the indemnitors and a creditor seeking to avail himself of the benefit of the indemnity, the creditor was not entitled to enforce the same, especially as it appeared that' the surety company having become insolvent had suffered no damage by reason of the execution of the bond.

[Ed. Note. — For other cases, see Indemnity, Cent. Dig. § 37; Dec. Dig. § 15.*]

3. United States (§ 67*) — Public Improvements — Contractors—Bond—Action — Time—Statutes'—Construction.

Act Cong. Feb. 24, 1905, c. 778, 33 Stat. 811 (U. S. Comp. St. Supp. 1909, p. 948), provides that no suit shall be brought on a United States government contractor’s bond by a subcontractor or materialman until after complete performance of the contract and final settlement, but shall be commenced within one year from that date and not later. During the first six months the government alone is given the right to sue with the right of any laborer or materialman to intervene, and if no suit is brought within six months, then any creditor is authorized to sue in the name of the United States, etc. The act then provides that, in all such suits instituted personally, notice of the pendency thereof, informing them of their rights to intervene as the court may order, shall be given to all known creditors, and in addition notice of publication sháll be given, the last publication -to be at least three months before the time limited therefor. Held-, that a creditor’s failure to institute a suit under such act in sufficient time to allow the full notice required - to be given to creditors was not a jurisdictional defect which could be made the subject of demurrer.

[Ed. Note. — For other cases, see United States, Cent. Dig. § 50; Dee. Dig. § 67.*]