Darter v. State ex rel. Smith

This was an action of covenant commenced by the state, on the relation of Smith Conwell, before a justice of the peace. The action is against a constable and his sureties on their bond. The complaint is, that there was a certain amount due from an execution-defendant to the relators, as his landlords, for less than a year’s rent; that the constable, by a sale on the execution *62of the tenant’s goods found upon the premises leased, had collected a certain sum of money ; that the relators had proved their claim to the rent before a justice of the peace conformably to the statute, had given notice…