MR. JUSTICE PITNEY delivered the opinion of the court.
This action was founded upon the official bond of James T. Petty, Auditor of the District of Columbia, given by him and his sureties, bearing date May 1, 1888, and conditioned as follows:
"Whereas, the above bounden James T. Petty has been appointed to the office of Auditor in and for the District of Columbia; Now, therefore, the condition of said obligation is such that if the said James T. Petty shall...
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