Mulheran's Executors v. Gillespie

Error froth the New-York common pleas. Gillespie sued the executors of the last will and testament of Richard Mul-heran, in an actiomof assumpsit for board and lodging, provided a servant of the testator, at his request. The deposition of one James Dougherty, the brother of the plaintiff’s wife, was read in evidence by the plaintiff, in support of his claim. The plaintiff was a non-resident, and had been obliged to give security for costs, and from the cross-examination of the witness, as appeared by the deposition, one Joseph Alexander was the surety for the costs, and had become such surety…