State ex rel. M'Gillycuddy v. Vananda

Süklivan, J.

— Debt on a sheriff’s bond against the defendants as the sureties of one Swinney, deceased. The gravamen of the action is, substantially, that Swinney, on, &c., being the sheriff of Allen county, collected from the relator, MLGilly cuddy, th%, sum of 38 dollars and 57 cents, by virtue of an execution issued from the Allen Circuit Court in favour of one Margaret Forsythe; that after the money was so collected, the judgment on which the execution issued was reversed by the Supreme Court; that, previously to the reversal, Swinney died without having paid over the amount collected to…