213 N.W. 397 | Iowa | 1927
Upon the trial below, it was stipulated into the record that there were sufficient funds in the hands of the receiver to pay in full all the preferred claims. The decree, therefore, operated to the full protection of the surety against its secondary liability. We must hold, therefore, that the failure to serve notice upon the surety company was fatal to the appeal.
The motion of appellee to dismiss is sustained. — Dismissed.
De GRAFF, ALBERT, and MORLING, JJ., concur.