State Ex Rel. German v. Timmons

Boyd, ].,

delivered the opinion of the Court.

This is an action on a constable’s bond, and the declaration alleges that a distress warrant was directed to the constable against the plaintiff, William German, but in the service and execution of it he “ did illegally and wrongfully seize, sell and dispose of certain goods and chattels of the plaintiff,” etc. The suit seems to have been brought on the theory that the constable and his sureties were liable because the former made a sale of German’s property, which was illegal by reason of the fact that he had not made a levy or inventory of the…