Action on constable’s bond in penal sum of $5,000, brought against constable Henning and Ms sureties for Ms failing to execute a writ of restitution issued at the instance of relator; trial had, and judgment for penalty to be satisfied upon the payment of $200; hence, this appeal.

The cause has been heard twice before the circuit court, and on the first trial the defendants were successful; but on appeal to the St. Louis court of appeals the judgment was reversed, and the cause remanded. 26 Mo. App. 119. On the last trial the relator was sue-• cessful, as already seen.

This suit does not involve, in any sense, title to real estate within the meaning of section 12, article 6, of the constitution, nor is a state officer a party. State ex rel. Holmes v. Dillon, 90 Mo. 229; State ex rel. Bender v. Spencer, 91 Mo. 206.

Therefore, an order will be entered transferring this cause to the St. Louis court of appeals.