Montgomery v. State ex rel. Southard

This was a suit by the appellee against the appellants, being a constable and his sureties, for failing to do his duty in making a levy of an execution as required by the sixth division of section 3, 2 G. & H. 620-1, which reads thus:

“Sixth. To levy every execution, and make at least one offer to sell property levied upon within one month after such execution comes to his hands, if property can be found, unless otherwise directed by the plaintiff, or his agent.”

The ninth section of the same act gives the right of action and fixes the damages and penalty for the non-performance of the duty…