Sayre v. Cushing

—The plaintiff recovered a judgment in the district court of the first judicial district, against one Bretal, and an execution was thereupon. issued to Cushing, one of the defendants, who was a constable. Cushing having collected the money, and having failed to return the execution as prescribed by law, an action was by the plaintiff commenced against him, and a judgment recovered for the amount of the original judgment and execution, and costs. The plaintiff now sues the defendant and his surety, having obtained the leave of the court therefor. The defendants set up a variety of matters…