Handley's administrators v. Ewings

OPINION of the Court, by

Ch. j. fioris.

This was an action against the shet-iff and Ills security for having failed to take a sufficient bail bond in a former suit brought by the plaintiff.

On a demurrer to the declaration, the court below gave judgment for the defendants, to reverse which the plaintiffs prosecute this writ Of error.

We are of ¡.opinion the court below properly sustained the demurrer. The declaration contains no averment that the defendant in the former suit failed to ap pear; and if he did appear, it is plain that the plaintiff could have sustained no in jury for want of…