Byrket v. State ex rel. Silvers

This was an action of debt commenced before a justice of the peace, and taken by appeal to the Circuit Court.

The State, on the relation of Silvers, was the plaintiff. Demand 95 dollars.

The suit was founded on the official bond of Poston, a justice of the peace. The breach assigned is, the nonpayment of money collected by the justice to the party entitled.

The defendants pleaded a former recovery.

The cause was submitted to the Court, and judgment rendered for the plaintiff.

The record contains all the evidence.

It appears that in the former suit pleaded, which was on the same bond and between the…