As we understand the testimony of the defendant in the application, John Ireland had paid as surety for his principal the amount which he sought to recover of the latter at the time the writ of attachment was issued. We think he then had a right of action for the debt so paid. It is therefore unnecessary that we should decide whether or not the applicant was in a position to dispute the validity of his claim.

The application is refused.

Application refused.

Delivered November 22, 1894.