Peck

This action is brought against the defendant Peck as principal, and the defendants Victor and Noble as sureties on Peck’s official bond as constable, to recover damages for breach of the condition thereof “that he and said Peck would well, truly, and faithfully perform the duties of his said office during his said term.”

*36 The breach of official duty complained of is that Peck in his official capacity as constable, under and by virtue of an “attachment or execution” issued against the property of other parties, illegally seized and converted the property of plaintiff described in the complaint.

The complaint was demurred to generally upon the ground that it did not state facts sufficient to constitute a cause of action, and specially upon the following among other grounds not necessary to be stated:

1. That the defendants Victor and Noble, sued for breach of contract, were improperly joined with the defendant Peck, sued as a trespasser.

2. That several causes of action were improperly joined, to wit, a cause of action for injuries to property and a cause of action founded on contract.

The demurrer was properly overruled upon these grounds on the authority of Van Pelt v.…