Lakin v. State ex rel. Parker

The complaint in this case is upon a constable’s bond, executed by William Lakin as principal and the other appellants as sureties. The breach alleged is that Lakin wilfully suffered the escape of one Stephen H. Newby, who had been committed to his custody by a justice of the peace on a charge of bastardy preferred by the relator.

Proceedings under the statute regulating prosecutions in bastardy cases can not be regarded as ordinary civil actions. *69They are special statutory proceedings, and are civil proceedings, but not strictly civil actions. The rules which measure the liability of officers…