Harvey v. State ex rel. Town of Monticello

The bond on which the action is founded, was executed by Harvey as principal, and the other appellants as sureties, to secure the faithful discharge of the duties of the office of treasurer of the town of Monticello to which Harvey had been elected. The town was the relator and charged that Harvey had at the time his term of office expired a large sum of money in his hands belonging to the town, which he refused to pay over to his successor.

The sureties pleaded, both in abatement pf the action and in bar, a judgment of the Lake Circuit Court rendered against *160the town of Monticello and others,…