State ex rel. Birnie v. Holleman

This was an action on the official bond of a constable. A demurrer was sustained to the declaration, and the plaintiff brought error.

The suit was brought in the name of the State, for the use of Birnie & Meyer against Holleman, the principal in the bond, and Main one of his securities.

The declaration, after setting out the bond, assigned breaches substantially as follows:

That Birnie & Meyer, on the 11th of October, 1852, sued out, from the office of Samuel Edmondson, esq., a justice of the peace within and for the township of Upper, in the county of Sebastian, a writ of attachment against the…