People ex rel. Cunningham v. Duncan

1 Johns. 311

Opinion

Per curiam.

This court, if they see that the right of suing on the administration bond is abused, will interfere,- and set aside the proceedings. Here one surety on the bond, brings an action against his co-surety, for an alleged default in the administrator, before he, or either of them has been damnified in any way, as surety. No suit will lie at law, at the instance of a co-surety in such a case.

The proceedings must be set aside, with costs.

Rule granted.