Boggs v. State

Roberts, Chief Justice.

This suit was brought by the State against Anderson Boggs, and a number of other persons as his sureties, on a tax collector’s bond.

After the suit was brought, and before the trial, the death of Boggs, the principal, was suggested, and, by an amendment of the petition, it was alleged that he was dead, and that his estate was insolvent. Plaintiff discontinued the suit as to him. On that account the defendants, the sureties, moved to dismiss the action as to them, which motion was overruled. On the trial they asked the court to charge the jury that it was necessary for…