Treweek

This is an action to recover from the defendants the sum of ten. thousand dollars upon the *438 official bond of defendant Bowman, executed by him as principal, and by the other defendants as sureties for . the faithful discharge of the duties of said Bowman as executor of the last will of Nicholas Treweek, deceased.

The cause was tried by the court without the intervention of a jury, and written findings filed, upon which judgment was entered in favor of plaintiff for ten thousand two hundred and sixty dollars and sixty cents, interest and costs.

The sureties, Howard and Brittan, appeal from the final judgment and from an order denying their motion for a new trial. Defendant Bowman made default.

There were four counts in the second amended complaint. Defendants Howard and Brittan demurred to each of said several counts separately, upon various grounds, among which were, as to each and every of them, that they failed to state facts sufficient to constitute a cause of action; and, as to the second, third, and fourth counts, that said complaint failed to allege a demand by the plaintiff or his assignor upon the defendant Bowman, and the default of said Bowman prior to a demand…