Bowers v. Fleming

•Scott, J.

This was an action against Fleming and his sureties, on his official bond as clerk of the Madison Court of Common Pleas.

The complaint is in the ordinary form, and alleges, as the breach of the bond, that Fleming, as clerk of said court, in December, 1871, and January, 1872, received from the administrator of Jacob Noble’s estate the sum of four hundred and ninety-nine dollars and thirty-two cents, belonging to the estate of Catharine Noble; and that the relator is the administrator of the estate of said Catharine Noble.

There was a joint demurrer, by all the parties, for want of…