Mayer v. People

This is an action in debt brought upon the official bond of Timothy McCuddy, a constable in Cook county, the appellant herein being one of the sureties on said bond.

January 7, 1896, Constable McCuddy, in executing •& replevin writ, took certain personal property from Edith O’Rourke, for whose use this suit was brought. In the suit in which the replevin writ was issued a writ of retorno habendo was ordered. The property was never returned and this suit was brought against the constable and his surety, the appellant, to recover the value of such property.

The second amended declaration contains…