Lake v. Morse , 44 How. Pr. 332 ( 1872 )

• Chas. P. Daly, Ch. J.,

.denied the motion, holding that the answer put in issue a material allegation as to the execution of the bond, and that within the above authority each surety must justify, and the bond be approved of; and the allegation in the answer, if true, constituted a defense; and that the practice required that the question of law be raised by demurrer, if the plaintiffs wished to proceed in the action.