State ex rel. Blachley v. Youmans

Perkins, J.- —

Debt on the official bond of the sheriff of Parke county, against him and his sureties.

Two breaches of the condition of the bond are assigned in the declaration: 1. The failure of the sheriff to reten a writ of execution called a “ venditioni exponas 2. The falsely returning said writ, that the property named in it remained unsold for want of bidders.

The sixth plea of the defendants, going to both these breaches, was the following:

“ The said defendants say actio non, because they say, that the said Jesse R. Youmans, heretofore, to-wit, at the general August election, held in and…