State ex rel. Fellows v. Johnson

Blackford J. —

This was an action of debt brought by the state, on the relation of William and Cornelius Fellows, on a sheriff’s bond dated in 1839. The defendants named in the declaration are the sheriff and his four sureties. There are two breaches assigned in the declaration.

According to the first breach, the relators, at the March term, 1840, of the Circuit Court, recovered a judgment in debt against Conover and Shaw; that afterwards, at the same term, the special bail surrendered said judgment-debtors, and they were committed to the custody of the sheriff; that the sheriff, afterwards,…