¶1Suit on a constable’s bond. Breach assigned : failure to levy, and make the money, on an execution.
¶2Answer, general denial.
¶3Trial by jury; verdict for defendants, and judgment, over a motion for a new trial, on the verdict.
¶4The only cause assigned in the motion for a new trial was, that the verdict was not supported by the evidence. The only assignment of error in this court is the overruling of the motion for a new trial.
¶5The evidence is decidedly conflicting.
¶6We can not say the verdict upon it was wrong, and incline to the opinion that it was right.
¶7Judgment affirmed, with costs.
¶8Decided at November Term,'1876.