Putnam v. Traeger

Citations

• 66 Ill. 89

Syllabus

<p>1. Constable’s bond—neglect to levy and return executions. In an action upon a constable’s.bond for a neglect to levy an execution placed in liis hands, or for a failure to return the same within ten days after its proper return day, the plaintiff must produce the execution in evidence, or prove its contents after preliminary proof of loss or inability to obtain it, to entitle himself to a recovery.</p> <p>2. Same—a valid writ necessary to ctuwge officer for breach of duty. If an execution delivered to a constable is void, he is not bound to obey it, and he will have no right to levy upon property or make any return, and hence there can be no neglect of official duty in the failure to serve and return the writ, unless the same is shown to have been valid.</p>