State ex rel. Huffman v. Parish

Bicknell, C. C.

This was an action on the official bond of a sheriff and his sureties for a false return of a summons.

The defendants answered by a general denial.

The issue was tried by a jury, who returned a verdict for the defendants. The plaintiffs, after a motion for a new trial was overruled and judgment upon the verdict, appealed. Pending the appeal, the sheriff died and his administrator was substituted as one of the appellees.

The only error assigned by the appellants is, overruling the motion for a new trial; the only reason for a new trial, now insisted upon, is the refusal to give the…