Northern v. State ex rel. Lathrop

Perkins, J. —

Debt on the official bond of a constable, against Mm and Ms sureties.

Two breaches were assigned in the declaration.' 1. Failure to return an execution; 2. Failure to collect the money on the execution.

Pleas. 1. To the declaration, no such execution. Replication that there was such execution; issue thereon.

2. A plea to the first breach, as follows :

“The defendants say that, after the issuing of said execution, and before the return day thereof, and before the 10th day of May, 1845, the said Joshua Northern ceased.to be a constable of Lawrenceburgh township aforesaid; and that one…