Moore v. State ex rel. Miller

In this case, the only error assigned here by appellants, defendants below, is the overruling of their motion for a new trial. *415Plaintiff’s relator, Miller, commenced this action on the 3d day of January, 1884, against the defendants on the official bond of defendant Mark C. Moore, as sheriff of Boone county, to recover damages for an alleged breach of his official duty. In his complaint herein, relator alleged that, on the 3d day of June, 1881, there'came into the hands of defendant Moore, then sheriff as aforesaid, an execution issued by the clerk of the court below upon a judgment in the…