Morhiners v. County Court ex rel. Bigge

Citations

• 63 Ill. 526

Syllabus

<p>Official bond of constable—whether more than one judgment may he recovered. The rule that there can be but one action on the official bond of a constable, and that other parties aggrieved must sue out a scire facias and assign new breaches, does not apply so as to affect such a suit brought before judgment rendered in the action previous!}' commenced, and in such case, notwithstanding judgment in the suit originally brought has after-wards been rendered, the second suit may be prosecuted to judgment the same as though no judgment had yet been recovered on the bond. Parties aggrieved are not bound to wait to see whether other parties who have already brought suit will obtain judgment.</p>