
    CHAIRMAN OF COUNTY COURT OF CLAIBORNE COUNTY, for use of the County Trustee, v. THOMAS L. W. SAWYERS and his Sureties.
    (S. C., Thomp. Cas., 55.)
    Knoxville,
    September Term, 1850.
    MOTION. Against officer and sureties. Dismissal as to one surety, fatal.
    A motion will not lie against an officer and a part of his sureties; and where the motion is against all of the sureties, a dismissal as to one of them is fatal to the whole proceeding. [See note to case of Jones v. Henderson, ante, 35.]
    This was a motion against an officer and tb© sureties in bis official bond. A nolle prosequi was entered as to one of tbe sureties, and tbe -motion was sought to- be prosecuted against tbe principal and tbe remaining sureties. Could tbis be done?
   McKinney, J.:

A motion will not lie against part of tbe sureties in sucb a case, and tbe dismissal of tbe motion as to one of them is fatal to tbe wbo-le proceeding.

Motion dismissed without prejudice.  