Terrell v. State ex rel. Root

Suit by the appellee, against the appellants, on a sheriff’s bond.

' Answer, general denial. Judgment by default, over the answer, and damages assessed by the court without a jury. Motion to set aside the judgment by default, overruled, and exception. Appeal.

The alleged errors assigned in this court are :

1. The complaint does not state facts sufficient to constitute a cause of action ;

2. Neither paragraph of said complaint states facts sufficient to constitute a cause of action ; and,

3. Overruling the motion to set aside the judgment, and for a rehearing.

The breaches of the bond alleged in the…