State Ex Rel. Kendrick v. Cottle

Woods, Judge:

This is an action in debt on the official bond of a justice of Raleigh County. It was instituted by a judgment debtor to recover damages and a penalty alleged to have accrued to him under Code 1931, 38-8-8, on account of an alleged failure of the special constable, who executed the order of suggestion, to release money received thereunder upon the presentation of an exemption list. Error is prosecuted to an order of the trial court sustaining a demurrer to the declaration and dismissing the case.

The declaration, after setting up the appointment of the special constable, and the…