Durfee ex rel. Lantz v. Abbott

Kecovery was had below against John McKeown as principal and respondents as sureties on his bond as executor and residuary legatee of John T. McKeown, deceased, for -legacies left to Sophia and Kate Lantz.

The defense rested chiefly on the ground of dealings which discharged the sureties. There are, however, some preliminary questions to be noticed.

The objection that the present suit should have been by scire facias, on the footing of a former judgment for the penalty of the same bond, would have prevailed if properly taken; but it is not raised by the pleadings.

Defendants asked that several…