State v. Votaw

Debt on the official bond of a county treasurer. The declaration contains two counts; the first as upon a common bond; the second upon the bond, setting out the condition and assigning a breach. The defendants craved and obtained oyer of the bond and condition, and demurred specially to each "count. The Court sustained the demurrers and rendered final judgment for the defendants.

■ The causes of demurrer set down to the first count are, that it does not set out the condition of the bond and assign breaches; and that there is a variance between the bond declared on and that shown on oyer. The…