O'Neill Manufacturing Co. v. Harris

This was an action on a forthcoming bond given by a claimant of property which had been levied upon under execucutions from a justice’s court. The action was brought in the name of Harris, the constable to whom the bond was made payable, for the use of the plaintiff in execution. At the time the suit was commenced Harris was no longer constable, having been succeeded in office by Byars, and the action was brought by him as “ former constable of said county. ” The case is now before this court on exceptions to the overruling of a demurrer to the petition.

1. The principal question raised by the…