Barnett v. O'Loughlin

The opinion of the court was delivered by

Scott, J.

— This action was commenced by the respondent against the defendants to recover on an indemnity bond given by them to him as sheriff, to indemnify him from loss by reason of the levy of a writ of attachment issued in the suit of O’Loughlin against one Hunt, and levied on certain personal property which was claimed by one Dixon, After said seizure Dixon demanded said property of the sheriff, and O’Loughlin refused to allow the surrender of it, whereupon Dixon brought suit against the sheriff to recover its value. After this suit was commenced,…