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. [1]
Motion dismissed without prejudice.
[1].
(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.