“Error to the district court. It appeared from the agreement of counsel, that a suit was brought in the court below, by the United States against Joseph and Thomas Lea, and Perrit their surety, upon a duty bond, upon which a judgment was rendered, and the amount of it was paid.by the surety, to whom the bond was surrendered for his reimbursement out of the estate of Joseph Lea, in the hands of the defendants, voluntary assignees of all his estate. The present action was assumpsit, brought in the name of the United States against the assignees, but intended for the use of the surety; and upon a motion of the plaintiff’s counsel to the court below to have the suit so marked, the court dismissed the suit. The counsel entered into a written agreement, in which certain questions are stated for the decision of the appellate court, which will appear in the opinion given by that court.”