Battle v. Ricks Lumber Co.

1. It is the duty of a levying officer charged with the execution of a process in a bail and trover suit either to seize the property or to take a bond from the defendant for the eventual condemnation money, Civil Code (1910), § 5152. On a failure of the officer to do either, he is liable for the resulting damage to the plaintiff. Snell v. Mayo, 62 Ga. 743; Edwards v. Boyd Co., 136 Ga. 733 (72 S. E. 34); Griner v. Smith, 26 Ga. App. 319 (106 S. E. 20).

2. In a suit against the sheriff, instituted by the plaintiff in a bail and trover proceeding to recover damages sustained by the plaintiff as…