Supreme Court of Arkansas January 15, 1843 (State ex rel. Bennett v. Engles)

By the Court,

Paschal, J.

The only question which it becomes necessary for this Court to decide is, did the Circuit Court err in deciding the declaration of the plaintiff below to be insufficient in law? The declaration avers that the sheriff committed a breach of the condition of his bond, in that, after he levied execution in the usual form, in favor of the plaintiff in error v.