Dick v. Dumbauld

The appellants filed a claim against the estate of Eurias Dumbauld, upon a joint and several note executed by the decedent and five others. The claim went to the issue docket, and upon trial was allowed at the sum of $1,663.50, on June 11th, 1890, with a finding also that decedent was surety only. The other makers of the note were never made parties to this proceeding, as they should have been under the statute, R. S. 1894, section 2479; R. S. 1881, section 2324, but ap*509pellants commenced an independent action against them, to which the appellee was not a party, and upon December 4th, 1891,…