State ex rel. Lowe v. Ownby

Bliss, Judge,

delivered the opinion of the court..This is a suit on a sheriff’s bond. After an answer was put in by some of defendants, the suit was dismissed as to them and a default taken against the others, and the court proceeded with a jury to inquire into the breaches and the damages, as required by statute. The petition contained three counts: the first for failing to pay over money received from sales of real estate upon execution in favor of the relator, Lowe, and against one Linder ; the second for failing to make return of the execution, and the third for failing to levy upon…