State ex rel. Mathews v. Boughton

This is. an action on the bond •of a notary public against that officer and his sureties. The sureties first demurred to the petition, on the ground that it nowhere appeared thereby that the relator had suffered any damages by the dereliction on part of the officer of his official duties. Their demurrer being overruled, the defendants answered by way of general denial. The trial of the cause before a jury resulted in a verdict for the defendants. The relator on this appeal complains that the court erred in its instructions.

It appeared by the pleadings and the relator’s evidence that the…