State ex rel. Davis v. Springate

This is an action upon a constable’s official bond, for breach of duty in failing to pay to plaintiff’s assignor the statutory exemption from execution, to which such assignor was entitled. The trial resulted in a judgment for defendants.

It is needless to set the pleadings out in detail,, as there is no controversy touching the facts, and *620the only question arising on this appeal is whether plaintiff has shown any right of recovery under the pleadings and evidence.

It was admitted by the'pleadings that the constable levied several executions against one Nortmann, on a stock of liquors. He…