Lambert v. McKenzie

Plaintiff, upon March 5,1893, commenced his action against the defendant, sheriff of the county of Napa, based upon section 98 of the County Government Bill of 1893 (Stats. 1893, p. 346), and alleged that the sheriff, under execution levy, had collected the sum of $609.08; that he had falsely returned that he had collected and received under the writ only the sum of $311.38; that demand had been made upon him, and he refused to comply with the demand, and judgment was sought for the amount and twenty-five per cent, damages. On the tenth day of April, 1894, the plaintiff filed an amended…