Mowbray v. State ex rel. City of Peru

Black, C.

— This was an action on the bond of James G. Goldsmith, as treasurer of the city of Peru, against said Goldsmith, William E. Mowbray, executor of the will of George S. Fenimore, a deceased surety, and the other sureties. Said executor has appealed, giving notice to his co-defendants.

The assignment of errors questions the action of. the court in overruling the separate demurrer' of said executor to the complaint, and in sustaining demurrers to the third, fourth, fifth, seventh and eighth paragraphs of his separate answer.

The first objection urged against the complaint is that it does…