Gillespie v. Smith

DAYTON, District Judge.

Gillespie has recovered in a state court a judgment against Walter R. Smith, executor of his father’s estate, for $36,008.74 and $1,341.45 costs. Execution on this decree having been returned “No property found,” he has instituted upon the law side of this court, an aetion of debt in the name of the state, at his relation, against said executor and the sureties upon his official bond. The sureties in said action at law have tendered a special plea, setting forth that Gillespie has, by writing under seal, released one of their number “from all and every obligation and…