Griner v. Smith

1. In “ bail-trover ” a deputy sheriff in whose hands the process has been placed for execution is bound either to seize the property sued for or to arrest the defendant and imprison him until the property is produced or a bond is given for its forthcoming. Where he fails, without good excuse, to perform either one of these statutory requirements, he is liable for the eventual condemnation money recovered in the trover suit; and when sued on his official bond by the plaintiff in the trover suit he can not successfully defend by showing that he made personal service on the defendant or took a…