Commonwealth v. Davis

This was an action upon a Sheriffs bond, for a failure to take bail on a capias previously issued in favor of the relator, with an endorsement requiring bail. The declaration sets out the bond, and avers its execution by all of the obligors, among whom was the Sheriff, but omits to name the Sheriff, who was the principal obligor, as a defendant, and states no cause for the omission. It also omits to show expressly that the bond was executed In, or approved by the County Court. It sets forth, however, With sufficient precision, a breach, by stating that a capias ¡ at the suit of the relator,…