
    Treasurer of Montgomery County, for James Lowry, v. J. and L. Kemp.
    Decision in Stewart and Chaplin v. Treasurer of Champaign County, recognized and sustained.
    This cause was adjourned here for decision from the county of Montgomery. It was an action of debt, upon an administrator’s-bond, executed in 1824, brought against the administrator and-'his securities. The declaration set out the bond and condition, . and averred that, after administration granted, the administrator received a large amount of assets. It is also alleged, that Lowry, for whose use the action was brought, had recovered judgment against the administrator for a sum specified, due from the intestate ; that a writ of fi. fa. had issued against the goods and chat-tels of the intestate in the administrator’s hands, to be adminis- ■ tered, upon which the sheriff returned he could find no such goods, and that he had made demand of the administrator, who refused to show him any.
    The defendants pleaded various matters, upon which issues were made, but as the case turned upon the validity of the declaration, it is unnecessary to state them.
    Crane, for defendant,
    insisted that the case of Stewart, and Chaplin v. Treasurer of Champaign County, 4 Ohio, 88, decided this case.
    *Stoddard, for plaintiff,
    maintained that this case was dis- . tinguishable from the case cited, and argued that that decision ought not to be held a correct adj udication of the law.
   By the Court :

We are entirely satisfied with the decision in Stewart and Chaplin v. Treasurer of Champaign County, and are not disposed to disturb its authority. We think this case can not be distinguished from it. The cause is remanded to the Supreme Court of Montgomery county, with leave for the plaintiff to become nonsuit.  