Zelinsky v. Price

*257The opinion of the court was delivered by

Scott, J.

— In September, 1890, the respondent commenced an action in the superior court of Pierce county against one Baker and his wife, and caused a writ of attachment to be issued therein against the property of said defendants, and placed the same in the hands of the appellant, who was then sheriff of said county, for service. Appellant failed to serve said writ, and after judgment was obtained by Zelinsky in said action, he brought this action against appellant for damages occasioned by his failure to levy said attachment in the suit aforesaid.

It…