Williams v. Smith

This was an action against a constable and his sureties, on his official bond. The bond was conditioned in the usual form, for the faithful discharge of the duties of the constable, &c.

The complaint charges that Bushnell, the relator, on the 14th of November, 1846, recovered a judgment before a justice of the peace, against one William Velie, for 100 dollars; that a writ of execution was issued on said judgment, and delivered to the constable, &c. Three breaches are assigned:

1. That the constable did not make the money, or any part of it.

2. That he did not return the writ within one year from…