Olds v. State ex rel. Brookins

This was an action of debt against the plaintiffs in error, commenced before a justice of the peace. The action is founded on a bond executed by Olds as a constable, and the other defendants as his sureties, conditioned that Olds would faithfully discharge the duties of his office. The bond was filed with the justice as the cause of action. Process was duly served on the defendants, all of whom failed to appear, and the justice rendered judgment against them by default. The defendants appealed.

In the Circuit Court, the defendants moved the Court to dismiss the cause for want of a sufficient…