Curd's Exors. v. Curd

Opinion op the Court by

Judg-e Hardin :

This was an ordinary action against the appellants as the sureties of Moses Clayton, late a constable of Calloway county, on a covenant admitted to have been executed and acknowledged by them, together with Clayton, before the Calloway county court, as his official bond to secure the performance of his duties as constable.

After filing an answer presenting certain matters of defense and proceeding to trial thereon, the defendants asked and obtained leave to file an amended answer, which they did, alleging in effect that although they signed and…