
    Chairman of County Court of Claiborne County, for use of the County Trustee v. Thomas L. W. Sawyers and his Sureties.
    PRACTICE AT LAW. — Motion against officers and Sureties. — Not. Pros.
    
    In a motion against an officer and his sureties, a not. pros, entered as to one of the sureties is fatal to the entire motion.
    This was a motion against an officer and the sureties in Ms official bond. A nolle prosequi was entered as to one of the sureties, and the motion was sought to be prosecuted against the principal and the remaining sureties. Could this be done? >-
   McKinney, J :

A motion will not lie against part of the surties in such % ease, and the dismissal of the motion as to one of them is fatal to the whole proceeding.

Motion dismissed without prejudice. 
      
      (1) Rice v. Kirkman, 3 Humph 415, 418; Houston v. Dougherty, 4 Humph, 505, 6; Jones v. Henderson, Supra, last case; Code, 3583 et seq.
     