State ex rel. Bennet v. Nelson

Perkins, J. —

Debt upon the official bond of a constable against him and his sureties. The breach of the bond complained of is negligence in the care of property taken in execution. The suit was commenced before a justice of the peace where there were two trials by jury, both of *523which resulted in favor of the defendants. The cause was again tried by jury, on appeal, in the Circuit Court, and again decided in favor of the defendants. The evidence and instructions of the Court are upon the record. The facts, so far as they need be stated, are as follow: The plaintiff proved a judgment against B.…