
    
      Leslie & Calhoun vs. James Taggart et al. sureties of Jno. Taggart, Sheriff.
    
    The sureties to a Sheriff's bond are not liable for the costs, incurred in establishing a milla, bona, return against their principal.
    
      Before O’Neall, J. Abbeville, Fall Term,, 1841.
    This was a suggestion filed by the plaintiffs, to recover, on the bond of Jno. Taggart, late Sheriff of Abbeville district, the costs incurred by them in establishing a nulla bona against him.
    The presiding Judge ruled, that the sureties were not liable for such costs, and therefore quashed the suggestion. From this decision, the plaintiffs appealed, and moved to reverse the same, on the ground of error, in the decision of his Honor, the presiding Judge.
    Wilson, for the motion,
    cited and relied on 2. Yol. Stat. 1106, Marg. P. 1120 and 1 Hill, 398.
    Wardlaw, and Perrin, contra:
    Submitted the case without argument, or reference to authority.
   Curia, per

O’Neall J.

In this case it is only necessary to look into the defendant’s bond, to decide that they are not liable for the costs of cases, to establish a return of "nulla bona,” against their principal. The condition is “that Jno. Taggart shall well and truly perform the duties of the office of Sheriff, of Abbeville district, as now, or hereafter required by law, during the whole period he may continue in office.” Under it they are liable for money, by him collected and not paid over, and for all damages sustained by his failing to perform his duty. But they have not undertaken to pay the costs of cases, which might be brought against their principal, and much less have they undertaken to pay the costs which may be incurred, in establishing a nidia bona. The Legislature required the plaintiffs to obtain that evidence, before they could resort to the sureties. It was one of the guards interposed between them and the Sheriff’s creditors. But there is nothing in that which can make them liable. They have the right to say there is our bond, according to it we will pay, beyond it we will pay nothing. The motion is dismissed.

JOHN BELTON O’NEALL.

We concur: Richard Gantt, J. S. Richardson, Josiah J. Evans, B. J. Earle, A. P. Butler.  