Midland Railway Co. v. Eller

"The appellees’ complaint was upon a delivery bond executed by appellants to enable the appellant railway company to retain possession of an engine and tender levied on by John Stevenson, a constable, by virtue of certain executions in his hands in favor of the several appellees.

Appellants controvert the sufficiency of the complaint by demurrer for want of sufficient facts.

The complaint was not bad for want of an averment that the bond had been endorsed forfeited as required by section 747, R. S. 1881. • This section applies to bonds given to sheriffs.

There is no requirement of this kind in…