State ex rel. Trimble v. Swope

Suit on a sheriff’s bond, assigning several breaches. The eighth paragraph in the answer raises the only question presented for consideration. That paragraph alleges, that Swope did not at any time within three years next before the commencement of the suit, fail to perform his duties as such sheriff; nor did any of the causes of action accrue to said plaintiff at any time within three years next before the commencement of the suit. Demurrer to this part of the answer overruled, and judgment for the defendants.

The bond sued upon was dated September 11, 1847. The alleged breach of official…