State ex rel. Vanderworker v. Brown

Bartol, C. J.,

delivered tbe opinion of the Court.

This is a suit on the official bond of a constable, against him and his sureties. The breach alleged in the narr. is that the officer having in his hands a writ of fieri facias directing him to levy upon the goods of the defendant named in the writ of execution, did seize and carry away the goods of the equitable plaintiff, well knowing that said goods so seized were the property of the relator.

The demurrer to the declaration was sustained and judgment entered for defendants; the plaintiff has brought this appeal..

Some objection to tbe narr.…