State ex rel. Wall v. Fleming

Fleming, as clerk of the circuit court of Jay county, and the sureties on his official bond, were sued by James A. Wall, as relator, to recover damages for an alleged failure of the clerk to perform an official duty imposed upon him by the statute. Section 1213, R. S. 1881, is to the effect that where an issue involving the question of suretyship is made between defendants jointly sued, if the issue be found in favor of the surety,' the court shall make an order directing the sheriff to levy the execution, first upon and exhaust the property of the principal, before a levy shall be made upon…