Nutzenholster v. State ex rel. Sumner

This was a suit upon a constable’s bond, foi a failure to properly account for money by him collected. Nutzenholster, as constable, executed his bond, with P. D. Kemp aá surety. The breach complained of was, that the relators had recovered a judgment before a justice of the peace against one John Bender, upon which an execution had been issued and delivered to the constable; that while the same was so in the hands of the said constable, Bender paid to him the full, amount of the principal, interest, and costs of the said judgment; that the said constable had failed and neglected to' return…