Eslinger v. Land

1. Where a sheriff levied a justice’s court fi. fa., without having demanded of the plaintiff the additional costs which, as provided in section 4915 of the Civil Code of 1910, he was entitled upon demand to receive before making the levy, and where, after making the levy, he released the property to the defendant in fi. fa. without taking the bond required by law, and damage resulted to the plaintiff, it was no defense, either for the sheriff or for the surety on the sheriff’s official bond, when sued thereon for damages sustained by the plaintiff as a result of the sheriff’s conduct, that…