Phelps, Dodge & Palmer Co. v. Skinner

The opinion of the court was delivered by

Doster, C. J. :

This was an action on a sheriff’s bond for damages for the refusal of the officer to execute an attachment order. Judgment went for the defendants, and error has been prosecuted to this court. William Hamilton, a merchant, was largely indebted. The plaintiff in error, the Phelps, Dodge *365& Palmer Company, was one of Ms creditors. He preferred some of Ms other creditors by executing to them chattel mortgages on his stock of goods and putting them in the possession of the mortgaged property. The amount of these mortgages largely exceeded the…