State ex rel. Tillotson v. Miller

The state on the relation of Tillotson sued Miller, a constable, and his sureties, on his official bond. The breaches of the condition of the bond alleged in the declaration are — that Miller having two writs of ca. sa. in favour of Tillotson against one Young, arrested the execution-debtor, and permitted him to escape; and that having two other writs of the same kind between the same parties, and having had an opportunity to arrest the execution-debtor, he failed to do so. Plea, general performance of the condition of the bond, and issue thereon. The parties agreed that under that issue, all…