White v. . Miller

The relator assigned as a breach of the conditions of the bond that the officer had collected certain moneys due to the relator's intestate, and had failed to pay over the same. After oyer of the bond and conditions the defendants pleaded the general issue and conditions performed and not broken.(51) Upon the trial at Randolph on the last Fall circuit before Saunders, J., the relator proved the execution of the bond by the defendants, and that the money sued for had been received by the constable within that official year.

The defendants objected first, to the bond being read in evidence, on…