
    Akers and Others v. The State on the relation of Kent and Another.
    A sheriff holds till his successor is elected and qualified.
    Where a sheriff’s official bond is conditioned for the performance of the duties of the office till a successor is elected and qualified, the liability of his sureties continues till that event.
    
      Quaere, whether it would not continue without such condition.
    APPEAL from the Floyd Circuit Court.
   Per Curiam.

Suit against a sheriff and his sureties on his official bond.

Judgment for the plaintiffs.

It is said two paragraphs of the answer were not replied to; but they set up no defense. The issues tried embraced the merits of the whole case; and no ground appears for the reversal of the judgment. See Tuley v. The State, 1 Ind. R. 500, and The State v. Porter, 7 id. 204. A sheriff holds till his successor is elected and qualified. The bond sued on was conditioned for the discharge of duties till a successor was elected and qualified, and, hence, continued the liability of sureties till that event, even if it otherwise would not have done so, a point we do not decide.

B. Crawford, for the appellants.

D. C. Chipman and T. L. Smith, for the State.

The judgment below is affirmed with costs.  