County of Bay ex rel. Houghtaling v. Brock

I agree with the circuit judge that the declaration shows no cause of action. The law *50cannot be changed by the'mode of entitling the cause, or by the fashioning of the declaration. The defendant Brock was elected sheriff and gave a bond, with the other defendants as sureties, for the discharge of his duties in a proper manner. It was framed in accordance with the statute (Comp. L. §§ 550-1) in all respects, except that in place of being made to “ the people of this State,” it was drawn and executed as running to “ the county of Bay.” It was approved in the same manner by the board of…