
    No. 58-2172.
    The People, etc., v. John H. Steinway et al.
    Opinion filed Nov. 25, 1885.
    A suit on constable’s bond for failure to returnan execution within ten days after the return day thereof. On the justice’s docket of the suit in which the execution was issued appeared the following entries : u July 19, 1883. On affidavit of plaintiff execution ordered and issued to constable Steinway. And on the 27tli day of September, 1883, returned by him, no property found.” “ Execution returned to court October 9, 1883, indorsed as above.” On the trial by the court below, without a jury, the court found for the defendant. This court affirms the judgment on the ground that the entries on the justice’s docket would seem to indicate that after the return of the writ by the constable, September 27th, it was taken away by some one not named and again returned to the justice while holding court on the 9tli day of October, and thus the return shown by the docket is of itself a sufficient answer to the alleged breach of the bond.
    Attorney for appellant, J. F. Snyder ;
    for appellee, Thomas Shirley.
   Opinion by Bailey, P. J. Judge below, Lorin C. Collins.  