State ex rel. McPherson v. Beckner

— This was an action brought by the relator against a constable and his surety on his official bond. The cause was tried by a jury and a special verdict returned. *372Each party made a motion for a judgment upon the verdict. The motion of the appellant was overruled, and that of the appellees was sustained.

The only questions involved in this appeal relate to the ruling upon these motions. The questions presented are :

First. Had the officer authority to enter the residence of the relatrix to serve the civil process in his hands under the circumstances disclosed in the verdict of the jury?

Second.…