Carey v. State ex rel. Farley

This was a suit on the official bond of the late clerk of the circuit court of Hamilton county, against the sureties only, the clerk being dead. Appellants demurred to the complaint, because it did not state facts sufficient to constitute a cause of action against them. Demurrer overruled; refusal to answer; trial by the court; finding and judgment for the appellee.

The only question presented for our consideration is this:

Are the sureties liable for money paid into open court and handed to the clerk with an answer of tender and for the purpose of keeping the tender good, and for which the…