State Ex Rel. Kelley v. Wilson

This is an action upon the bond of William H. Coleman, who was a tax collector in Kent County, against three surviving sureties, the principal and the other sureties being dead. A demurrer to an amended declaration was sustained, and judgment being rendered for the defendants on the demurrer, the plaintiffs took this appeal. The defendants craved oyer of “the writing obligatory in said declaration mentioned and of the condition thereof,” and set out the bond and condition in their demurrer.

1. It is contended by the appellees that the declaration is defective because it alleges that C. Decatur…