Appellate Terms of the Supreme Court of New York May 15, 1897 (McMahon v. Smith)

Bischoff, J.

These actions, brought to enforce the liability of sureties upon an administrator’s bond for the principal’s alleged default in compliance with the provisions of the surrogate’s decree directing distribution of the assets adjudged tó be remaining for such purpose, were tried at one time upon the same proofs, and the plaintiffs’ 'appeal is in each instance based upon the exception