State Ex Rel. v. Abernathy

delivered, the opinion of the Court.

This hill is filed in the name of the State for the use of Giles County, and by tGiles County, against defendant Abernathy, a former Trustee of that County, and the sureties on his bonds. The purpose is to surcharge and falsify certain settlements made by this defendant of Ms accounts, and to recover a balance of something over five thousand dollars, which is alleged to have come into the hands of Abernathy as Trustee and was never paid over or properly accounted for.

The bill is voluminous, charging in substance that Abernathy was elected Trustee for a term…