Routh v. Spencer

The action of the court in sustaining a demurrer to the complaint is assigned for error, and this presents the only question in the case. The material facts stated in the complaint are these:

“Jeremiah S. B. Routh was indebted to Thomas B. Stan*394ford, in the sum of two hundred and thirty-four dollars and thirty-seven cents, for which he gave his note, with Joseph Routh, the decedent, as his surety; that after the death of Joseph Routh, the said Stanford filed the said note against his estate, and an allowance was made by the administrator in the sum of three hundred and thirty-four dollars and…