State v. Madison
Indiana Supreme Court
APPEAL from the Decatur Circuit Court. This was a suit commenced before a justice of the peace-by tbe State, on the relation of John D. Arnold, against Edward H. Madison,, a constable, and. the sureties on hi® official bond, the complaint alleging, that at the April election, 1866, said Madison was elected a constable in and for said county, and, on the 10th day of April; 1866, qualified by giving bond and taking the oath of office, a copy of said bond and of said oath being…
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APPEAL from the Decatur Circuit Court. This was a suit commenced before a justice of the peace-by tbe State, on the relation of John D. Arnold, against Edward H. Madison,, a constable, and. the sureties on hi® official bond, the complaint alleging, that at the April election, 1866, said Madison was elected a constable in and for said county, and, on the 10th day of April; 1866, qualified by giving bond and taking the oath of office, a copy of said bond and of said oath being filed with the complaint; that on the 22d day of January, 1866, one McGibbon recovered a judgment before Isaac W.…
1Opinion of the CourtErazbr, C. J.
The only .-question presented by this record is, whether replevin bail who is compelled by alias execution to pay the judgment, can maintain an action on a constable’s bond for the failure of that officer to levy the original execution issued upon the judgment upon the property of the judgment debtor, such property subject to execution sufficient to satisfy the writ being within his reach.
Though the original execution must issue against the principal debtor and the bail jointly (2 G. & H. 602, sec. 84), the effect of the command of the writ, when issued from the higher courts, is, that the…
2Cases cited1 opinion
- State ex rel. McCullough v. DrulyIndiana Supreme Court · 1852