Hawkins v. State ex rel. Read

This was a suit upon a forfeited recognizance, prosecuted in the name of the State of Indiana, on the relation of Richard N. Read, Auditor of Daviess county. A demurrer to the complaint by the appellant, who was surety on the recognizance, was overruled. Causes of demurrer were assigned, presenting several questions, which are pressed upon our consideration.

It is claimed that the auditor was not the proper relator, but that the suit should have been on the relation of either the prosecuting attorney or the county treasurer. We think that there is nothing whatever in the question. We know of…