State ex rel. Lewis v. East

— Action hy the State, on the relation of Phcebe Lewis and Emily Sutherland, against Dougan Jones as principal, and John R. East, Drury J. Hodges and William Butcher as sureties, upon an executor’s bond.

Summons was not served on Jones and he failed to appear to the action. Service having beenhad upon the remaining defendants, they appeared and answered the complaint. Issue being joined, there was a trial by the court .and a finding and judgment for the defendants.

The State has appealed to this court and assigned error against all the defendants who appeared to the action. ' Notice of the…