Governor of Missouri ex rel. M'Clenahan v. M'Nair

This suit was commenced in the Court below, against the securities of the late Sheriff, Thompson, on a bond given for the faithful discharge of his duties as Sheriff'. An execution had been put into his hands, in favor of M’Clenahan, a few days before his office of Sheriff expired. He did not proceed to levy the execution, or to do any thing under it; nor did he deliver it over to his successor, although it was demanded by him. And, for not delivering it over, this action was brought. The only question is, Whether this neglect or refusal to deliver over the execution, is a breach of official…