Gotzian & Co. v. Norris

The complaint in this action consists of three causes of action. The first and second were decided in plaintiff’s favor and no appeal has been taken from them. As to the third cause of action, judgment was entered in favor of defendants, and plaintiff has appealed therefrom. It seeks the recovery of damages in the sum of $427.55 from defendant Norris, as sheriff of Musselshell county, and from the defendant Maryland Casualty Company, as surety on his official bond, for refusal to levy a writ of attachment. The action is based upon section 4781, Revised Codes 1921.

From the complaint it appears…