Commonwealth ex rel. Taylor v. Bradley

*48Opinion of the Court.

THIS was an action of debt, brought in the name of the commonwealth, for the use of Taylor, against Bradley, as sheriff, upon his official bond. The breach alleged in the declaration, is, in his failure to return an execution on the return day, or within one month thereafter; whereby, as the declaration avers, an action hath accrued to the plaintiff, to have and demand of the defendant the amount expressed in the execution, including interest and costs, with thirty per cent. damages. To the declaration the defendant demurred, and on the demurrer the circuit court gave…