Murrell v. Smith

James Smith sued Samuel Murrell, as sheriff, for taking insufficient security in a replevin bond; and having shown, on the trial, that, only a few months prior- to the date of the bond, one William T. Bush, had been- duly commissioned and qualified as sheriff, and that Murrell had been-appointed one of his deputies, and also,, that the latter,. in the official character of deputy sheriff, had taken, the bond *463and returned the execution — the Court refused to permit Murrell to prove, by parol testimony, that he was, at the date of the bond and of the return on the execution, only a deputy…