State ex rel. Browning v. Dixon

Franklin, C.

— Browning & Sloan sued Dixon and others on the official bond of Dixon, as sheriff of Morgan county. *151The breaches alleged of the bond were a failure to return an execution within the time required by law, and a failure to levy upon- and sell property. The answer was a denial, with an agreement that all defences might be given in evidence under the general denial. Trial by jury. Verdict for the plaintiffs for $24.57. Over a motion by plaintiffs for a new trial, judgment was rendered in their favor for the amount in the verdict.

Plaintiffs appealed to this court, and have assigned…