Witkowski

This action was brought against a constable, his sureties on his official bond, and two other persons, John McGinley and F. M. Shultz, for damages resulting from the carelessness of the defendant as such officer in not preserving and taking care of the personal property of the plaintiff, P. H. Nelson (now dead), so that it became damaged. The cause was revived after the death of Nelson in the name of his executors, S. Witkowski and Albert Nelson, and upon the overruling of a demurrer filed to the third amended complaint, the defendant answered, and the cause was tried before a jury, A motion for a new trial was denied, except as to McGinley and Shultz, and the jury returned a verdict for the plaintiff in the sum of three hundred dollars, against the constable Hern and his sureties. From the judgment thereupon rendered, and an order denying a new trial, this appeal is taken.

The demurrer, it is claimed, should have been sustained, because, as is asserted, the complaint does not show any facts which would entitle the plaintiff to recover against the constable and his sureties.

The argument is, that no trespass is claimed, and that the other facts alleged do not show any violation…