Lewis v. Mansfield
Court of Appeals of Kentucky
Case 91-ORDINARY — appeal prom hart circuit court. 'The execution of a bond of indemnity to the sheriff does not prevent a suit against him and his sureties upon his official bond. (Civil Code, 643, 211.) 'The demurrer was properly overruled. The bond of indemnity executed to the sheriff cuts off the appellants’ right of action against the appellees. (Civil Code, secs. 211, 643.)
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by the claimant of property against the sheriff, on his official bond, charging an unauthorized seizure and sale under attachment.
Before levying the attachment, and before making the ■sale, the sheriff, being in doubt as to whether the property *461was liable to the attachment, demanded and obtained a bond of indemnity, conditioned to pay the sheriff or any claimant of the property any damages they might suffer in consequence of the seizure under the attachment.
The sole question is, whether the owner of the property may sue…
2Cited by3 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Fite v. BriedenbackCourt of Appeals of Kentucky · 1907
- Commonwealth v. HoganCourt of Appeals of Kentucky · 1880