State v. Phares

Johnson, President:

The plaintiff, State oí West Virginia, successor to the commonwealth of Virginia for the use of William C. Price in November, 1871,' brought its action of debt in the circuit court of Randolph county against Jesse F. Phares, late sheriff oí said county, and sureties lor a breach of his official bond; the writ was returned executed as to said Jesse F. Phares and Benjamin Phares, one oí the said sureties, and, the bond being joint and several, the declaration was filed against the said two defendants. They appeared and demurred to the declaration; and the court overruling the…