Maxwell ex rel. Maxwell v. Nieft

Mr. Presiding Justice Stone

delivered the opinion of the court.

The question involved in this case is: “May the sureties on the official bond of a constable who have been sued and made to pay a judgment based upon an unlawful act of said constable, sue and recover from the sureties on an indemnifying bond taken by said constable to protect him from damages in and about the doing of said unlawful act”?

This question seems to be entirely new in this State as far as adjudicated cases are concerned. Counsel have cited none in their briefs, nor have we been able to find any case as authority or…