First National Bank of Marysville v. McCoy

MR. JUSTICE THOMPSON (R. L.), Delivered the Opinion of the Court.

This is an appeal from a writ of mandamus directed against the appellant as sheriff of Tuba County to compel him to pay to the assignee of a judgment creditor an amount of money recovered upon the levy of an execution, but which was subsequently returned to the judgment debtor under order of the court.

In an action of assumpsit which was tried in Tuba County, entitled Duryea v. Johnson, the plaintiff recovered judgment in July, 1929. A notice of appeal to the District Court of Appeal was duly filed. No bond staying execution was…