Rogers v. Darnaby

Judge Breck

delivered the opinion of the Court.

Darnaby, as relator, brought this action upon the official bond of .Rogers, as Sheriff of the county of Bourbon, and recovered judgment against him and his sureties for $382 17, from which Rogers has appealed to this Court.

The point upon which the case turns will very clearly appear by a statement of the facts, about which there is no controversy, and of the law as expounded by the Court upon the trial to the jury.

*239The facts are these: In 1838, Hedges, as Sheriff of the county of Bourbon, levied an execution from the Fayette Circuit Court, in favor…