Bernard v. Johnston

OPINION of the Court, bv

Judge Owsley.

— This was an action brought by the defendants in error on a constable’s bond. The plaintiffs in error having failed to,plead, judgment was had against them by default and a writ of inquiry awarded, and on the execution of the writ of inquiry seventy six pounds damages were assessed by the jit'}’, and judgment awarded accordingly. To revetse this judgment the plaintiffs in error have prosecuted this writ oi error.

The declaration is manifestly erroneous, and for that cause the judgment must be reversed. The ass gnment of breaches is evidently insufficient.…