Rowe v. Buchtel

On the 1st of April, 1852, one Bambarger made his note, at Elkhart, Indiana, for 125 dollars, payable to Rowe on the 1st of April, 1853, and Bambarger executed said note with Buchtel as surety.

In November, 1856, Buchtel gave Rowe written notice to sue on the note. But Bamba/rger had then left the state, and he never returned to it, but died, in Ohio. He left no property, and never had any administrator in Indiana.

Rowe did not commence suit against any one on the note, at the first term of the Court after receiving notice to sue; but at the second term thereafter, he sued Buchtel. Buchtel…