Supreme Court of Pennsylvania May 15, 1849 (Commonwealth ex rel. Stub v. Stub)

The opinion of this court was delivered by

Rogers, J.

The liability of a surety in an official bond being contingent, suit cannot be brought against a surety by a party in interest, without proceeding in the first place against the administrator or executor, and fixing him personally for the debt. This was first ruled in The Commonwealth v. Evans, 1 W.