State ex rel. Talbott v. Emmons

Howe, J. —

This suit was commenced by the appellant’s relators against the appellees in the Hendricks Circuit Court. The relators’ complaint counted upon the official bond of the appellee James M- Emmons, as sheriff of Hendricks county, and sought to recover damages for an alleged breach of his official duty, as such sheriff, in this: That he had failed and neglected to levy and collect a certain execution in his hands as such sheriff, in favor of the relators and against one Samuel H. Moore, etc. On the relators’ application the venue of the cause was changed to the court below. There the…