Mark v. State ex rel. Bowless

The State, on the relation of Bowless, sued Jacob Marie, a constable of Grant country, and his sureties, on Mariis official bond. Trial, and judgment for the relator.

The breach of the bond complained of, is the selling, by Marie, upon execution, of property of Bowless which was, and was claimed as being, exempt from sale upon execution. The complaint does not allege that Bowless designated to the constable, or gave him a list of, the several articles of property he claimed ; but avers that he told him, that he had not $300 worth in all, and “ demanded a set-off.” In effect, he claimed his…