State Ex Rel. Langdon Hospital, Inc. v. Indemnity Insurance Co. of North America

On trial of this action by jury, a judgment was rendered against relator-appellant hospital. It had instituted this suit against the Sheriff of Marion County for property damage alleged to have occurred when relator’s personal property was removed and stored by the sheriff.

The facts revealed that the sheriff was acting under authority of a writ of execution from Marion County Municipal Court No. 1, which was issued as the result of a previous proceeding. The execution directed the sheriff “to enter upon and deliver possession of” real estate which was then being occupied by relator. Relator…