Evans v. Bank of the State

This was a motion at the instance of the bank against David Chandler, late sheriff of Perry county, and his securities in office, for failing to pay over, upon demand, the sum of $540, alledged to have been collected by him under, and by virtue of an execution in favor of said bank, against one Davis. Notice of the motion having been served alone upon the plaintiff in error, a judgment was rendered by the court, at the term indicated'jjby the notice, against him, without the intervention of a jury.

It is insisted in this court that the county court erred in rendering judgment without the…