This seems to have been an action on the

official bond of a constable against the constable and his sureties; but it does not appear from the bill of exceptions that the bond was offered in evidence; and, therefore, as appears from the record, the court below erred in not granting a new trial, on the ground that there was no evidence to support the finding.

For this reason the judgment is reversed and the cause remanded.

Judgment reversed.