Supreme Court of Pennsylvania March 2, 1908, Appeal, No. 244 (Commonwealth v. Magee)

Opinion by

Mr. Justice Fell,

This appeal is from an order making absolute a rule for judgment for want of a sufficient affidavit of defense. The action was against a surety on a bond given in 1891, to secure the proper application of the proceeds of a sale of real estate of- a decedent made by the administrator of his estate for the payment of debts.