State ex rel. Merrill v. Burns

Ilou&n, J.

— At the August term, 1874, of the Schuyler circuit court, in a suit brought by plaintiff against the defendants upon an administrator’s bond, wherein the defendant, Burns, was principal, and the defendant, Grant, was surety, final judgment was rendered in favor of the plaintiff, and against the defendant, Grant. At the next term of said court, the defendant, Grant, filed a motion to set *228aside the judgment rendered against him for alleged irregularity in the rendition thereof, and for other causes, which motion was sustained by the court. Thereupon the plaintiff took the present…