State ex rel. Blanton v. Emmons

— The relators’ complaint charges that the appellee Emmons broke the condition of his bond as sheriff, by failing to levy an execution within sixty days from the time It came to his hands, although the execution debtor had property within the county subject to execution. The appellees .answered in confession and avoidance, and a demurrer -was overruled to their answer, and this is the ruling assigned for error.

Counsel for appellees insist that even if the answer is bad the ruling was right, because the complaint is fatally defective, and we think the position is wrcll assumed.

The complaint…