Case v. State ex rel. Mann

Suit before a justice of the peace by the appellee, against the appellants, as sureties of Darius O. Hutch-ins, a constable, upon his official bond. Breach, collecting money on execution in favor of the relator, and failing to pay it over. Answer before the justice, denial and two special paragraphs. Judgment for the plaintiff before the justice, and appeal by the defendants to the circuit court. The special paragraphs of answer before the justice were as follows:

“ 2. That before the breaches alleged in the complaint, and before the writ of execution therein mentioned had been placed in the…