Wilcox v. Ismon

Cooley, Oh. J:

The plaintiffs in error were sureties on tire bail bond of *269James A. McKibbin, who had been arrested at the suit of defendants in .error on a capias issued in an action of trespass on the case. The arrest appears to have been made by Noble D. Kichardson, under sheriff of Van Burén county, and the bond was given to him by that designation, without mentioning the sheriff. McKibbin failed to put in special bail as required by his undertaking, and Richardson assigned the bail bond to the plaintiffs, who brought this suit. Previous to doing so, however, an .issue had been formed in…