Ellis v. State ex rel. James

This was an action of debt brought by the state against Ebenezer Phillips and others. The suit was commenced in 1843, and was founded on a bond executed on the 2d of March, 1841. The bond was payable to the state, for the use of township schools in Posey county, and was conditioned for the faithful discharge, by said Phillips, of his duties as school commissioner of said county. The process was duly served on all the defendants. The cause was continued from term to term until March term, 1847, when an amended declaration was filed.

This amended declaration commences as follows: The State of…