Pearkes v. Freer

This was an action against a sheriff to recover the damages sustained by reason of his failure to execute and return process, with the addition of §200 imposed by law as a penalty for such neglect.

A demurrer was interposed to the complaint, on the ground that two distinct causes of action had been improperly joined. This demurrer was overruled, and the defendant failing to appear at the time fixed for the trial, a trial was had, ex parte, before a jury, who returned a verdict in favor of plaintiff, and from the judgment entered on this verdict, the defendant appeals.

The errors assigned are:…