Widener v. State ex rel. Sumner

This was an action against the sureties of a justice of the peace, the justice being dead. It was alleged that the relators placed in the hands of the justice, in his official capacity, a note, for collection; that he had received the money, and had failed to pay the same over, etc. A demurrer to the complaint was filed by the defendants, and overruled by the court. This is the first alleged error.

Counsel for the appellants do not point out any defect in the complaint, and we fail to see any.

The defendants answered in two paragraphs. The first was a general denial, and the second was intended…