Crown Cork & Seal Co. v. Barnes

STRUTZ, Chief Justice.

The plaintiff brings this action against the defendant Barnes, sheriff of Burleigh County, and against the State Bonding Fund as surety on his official bond, to recover damages it claims to have suffered by reason of the failure of the sheriff to return an execution issued on a certain judgment in favor of the plaintiff and against the Dakota Malting and Brewing Company, within sixty days as required by law. The action was tried by the trial court as an amercement proceeding against the sheriff under the provisions of Section 28-21-19, North Dakota Century Code. That…