Bennett v. State ex rel. Curry

This was an action against a constable and his sureties on his official bond. The bond is in the penalty of 1000 dollars, and conditioned in the usual form. It is averred that Bennett, who was the constable, in April, 1859, appointed and legally authorized one Warner G. Smoot to act as his deputy, and Smoot, being thus deputized, afterward, on the 27th of November, by virtue of an execution issued by one Matthews, a justice of the peace, in favor of George Day and Bowen Matlock against Curry, the relator, levied on certain articles of personal property, as the property of said relator,…