Nevins v. Shepard

*457The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued Charles A. Shepard, a constable of Holton township, Jackson county, and Phil Metzker and Frank Kabance, his bondsmen, to recover the amount named in an execution placed in the hands of Shepard to levy on the property of R. M. Marshall, and sued Mrs. Ralph Marshall (Nellie Marshall) and W. H. Marshall, her bondsman, on a bond given by them to Charles A. Shepard, constable, conditioned for the return of property on which the constable had levied the' execution. Judgment was rendered in favor of the defendants, Charles A.…