Commonwealth ex rel. McChord v. Abell

Judge Buckner,

delivered the opinion of the court.

This was an action of covenant in the name of the commonwealth, for the use of McChord against Ignatius Abell, on the official bond of Jesse Abell and his sureties, (of whom, the defendant was one) as Sheriff of Washington county.

The declaration,after settingforth the conditions of the bond, avers,, that said Jesse had not by himself or deputy, kept and performed his covenant, by performing the duties of sheriff, according to law, during his continuance in office; but had violated the same in this,.that on the 2d of January, 1826, an execution…