People ex rel. White v. White

This is an action of debt brought to recover damages for a breach of the official bond of Samuel M. White, constable. The bond was in the penal sum of $2,000 and was executed by Samuel M. White as principal and appellees H. H. Swartz and John Luman as sureties and the suit was originally brought against White, Swartz and Luman as defendants. Before the case was tried White died whereupon leave was granted to proceed against the surviving defendants Swartz and Luman and an amended declaration was filed to which a demurrer was sustained and appellant abiding by its declaration, judgment was…