Affeld v. People

The assignment of the breach of the constable’s bond declared upon is not, that the constable executed the writ of replevin without having taken from the plaintiff in that writ any bond whatever; but it is that he-took, accepted, approved and returned a bond that was insufficient, defective and absolutely worthless. The special plea to that breach (which was the only one assigned) set out in hceo verba the bond which the constable in fact did take; and averred the sufficiency of the surety, as respected his pecuniary responsibility. If the plaintiff’s attorney had desired to raise the…