State v. McLernan

This was an action of dect on on a cqnstable’s bond. The breach of the condition of the bond alleged in the declaration was a failure to return an execution. The execution was returned, it seems, after the return day, hut before the commencement of the suit; at least it was so found by the jury. The only question in the case was whether, in assessing the damages, the jury should allow the interest of one hundred per cent, per annum given by the statute after the return of the execution and up to the commencement of the action.

There is nothing in the statute which fixes the period up to which…