Ter Maat v. Barnett

Although, as explained below, I generally agree with the majority's conclusion that a sheriff may not demand indemnity as a precondition to the execution on a judgment unless the sheriff has a good-faith reasonable doubt concerning the property's ownership or whether it is subject to execution, the appellate record here does not support the majority's mandate. Accordingly, I respectfully dissent.

*745HH

The sheriff is a county officer whose position is created by the constitution, Wis. Const, art. VI, sec. 4, with such inherent duties, powers, and prerogatives as were extant when the constitution…