James v. Auld

This was a motion against the sureties of a constable, for the failure of their principal, to return an execution, he being dead at the time the motion was made. The justice rendered judgment against the sureties, from which they appealed to the County Court, where the judgment was reversed. From that judgment this writ is prosecuted.

In Orr v. Duval, 1 Ala. Rep. 262, it was held, that no judgment could be rendered on motion against the sureties of a sheriff, in the predicament of these. The act giving this summary proceeding against the sureties of a constable, does not differ from the…