Parmer ex rel. Atchison v. Moore

This being an action of debt, founded on a bail bond, the defendant, after craving oyer of the bond and condition, plead that it was executed by him as bail; that the said bail bond had been, or was returned, by said Sheriff, and had not been excepted to, quashed, or set aside; nor said Sheriff made co-defendant in the suit, in which it was so by him taken as Sheriff; and that the Sheriff had not suffered any damages or injury, by reason of the non-performance of any part of the condition of said bond. This plea, on demurrer, was, by the Circuit Court, adjudged good; and to reverse that…