Curtis

The plaintiffs—six in number—-the defendant, and various other persons, seventeen in all, became sureties in several sums, upon the official bond of one Rogers, as Public Administrator of the County of San Bernardino. The complaint charges that afterward letters of administration in the matter of the estate of one Avaline, deceased, were duly issued to Rogers as such Public Administrator, and that on the same day, the latter entered upon the administration of said estate. That subsequently Rogers was removed, and one Pulwiler duly appointed administrator of the estate, and an order made directing Rogers to deliver to Pulwiler all moneys and other property in his hands belonging to the estate, among which was the sum of twenty-eight hundred dollars. That Rogers failed to pay over said sum, and that the sureties became liable therefor. For the plaintiffs’ cause of action the complaint then proceeds as follows: “ That on the (blank) day of September, A. jd. 1877, plaintiffs, and Peter Filance, William Hawley, M. Katz, J. A. Rosseau, (the last four named of whom are not parties to this action, but were sureties upon the bond) and defendant, agreed and promised that they would pay the…