State ex rel. Hecht & Bro. v. Spikes

English, C. J.:

On the 3d of August, 1875, this suit was commenced in the-Circuit Court of Randolph county, in the name of the State' for the use of Levi Hecht & Bro., against John F. Spikes,, sheriff of said county, and Samuel E. Murdock and William Thompson, sureties, on his official bond.

The complaint, after setting out the bond and its conditions,, alleged a special breach in substance as follows :

That on the 5th day of May, 1875, Hecht & Bro., in an-action by attachment, recovered a judgment in the Circuit Court of Randolph county against Brilliant & Son, for $399,. etc., and for costs,…