Riddle v. Bishop

This is a proceeding by a judgment creditor to amerce a sheriff pursuant to the provisions of section 469, O. S. 1931. Trial was had to the court without a jury and judgment was rendered for the sheriff, and plaintiff appeals.

Plaintiff sought recovery from the sheriff for his failure to levy an execution issued on February 24, 1936, which writ the sheriff had returned on April 15, 1936, and upon which he had indorsed the following: “After checking execution, found it was incorrect and returned same without serving for correction.” This was occasioned by the fact that plaintiff’s judgment was…