Harbin v. O'Rear

The question presented by the nonsuit with a bill of exceptions and appeal is whether or not the cause of action survived the death of the sheriff, Guy V. O’Rear. There was due suggestion of the death of the principal in suit against the same and his sureties, and motion for revivor against his personal representative. The motion to revive was denied, by sustaining demurrer thereto, and the cause was abated, at the cost of plaintiff.

If there was a failure on the part of the sheriff to take the required or statutory bond, when, having seized the property of defendant in attachment, he…