Vaughan v. Thompson

The summons issued by the justice in this case against Thompson, as constable, and the others as his sureties, was on a demand not exceeding one hundred dollars, for malfeasance in office. The account filed was for $99.00, being three times the value of a certain mule, taken and sold by the constable, which was exempt from execution. A copy of the constable’s bond was filed with the papers of the justice, on the appeal to the circuit court. The circuit court dismissed the suit, upon motion, for want of jurisdiction in the justice. This is erroneous. The statute (R. L. 1845, 325, § 66)…