Houston v. Howell

1. In a suit or rule against a sheriff for failure to execute mesne as distinguished from final process, the burden is ordinarily upon the plaintiff to show how, why, and to what extent he has been injured by the officer’s default, the plaintiff having no aid from presumption, *331and being “only entitled to recover such damages as he can show he has sustained.” Crawford v. Andrews, 6 Ga. 247 (1); Beck & Gregg Co. v. Knight, 121 Ga. 287 (2) (48 S. E. 930, 3 L. R. A. (N. S.) 420, 2 Ann. Cas. 9). A somewhat different rule applies, however, in an action against a sheriff for failure to execute the…