State ex rel. Abrahams v. Cross

Debt on the official bond of a constable, assigning several breaches. As no issues of law are raised in the record, it is not necessary to state the pleadings. The issues of fact were tried by the Court by agreement. Finding and judgment for the plaintiff.

There is none of the evidence in the record, and no question raised by bill of exceptions. But the suit being tried under the old practice, defects not cured by the statute of jeofails will still be available on error.

The first error assigned is, that the breach does not negative the payment of the penalty. In official bonds payable to the…