Dawson v. Shaver

The plaintiffs below, defendants in error, were execution creditors, for whom, it was said, the sheriff had collected money and neglected to pay it over. The defendant Was one of the sheriff’s sureties. The action was commenced by a notice, under a statute which authorizes such a mode of proceeding against sheriffs and their sureties in certain cases (1). At the term to which the notice was returned executed, there was a motion to quash it, which was overruled. The plaintiff below then introduced the sheriff’s bond, and some other evidence ; and the Court, on motion, rendered judgment in…