We see no error in the record. The bond was not against public policy. It seems to have been given and received in good faith, for the purpose of relieving the officer, and enabling the parties in interest to litigate and settle their own disputes at their own costs. The creditor having notice of the action against the constable, and an opportunity to make defence, is bound by the judgment, and it was conclusive against him in the action on the bond.

Motion overruled.