Bingenheimer Mercantile Co. v. Horning

Nuessle, Ch. J.

(Two cases.) These actions to recover the possession of personal property were each begun by the issuance of a summons and complaint in September, 1930. Having executed the requisite Affidavits and undertakings, the plaintiff required the sheriff to take the property in question from the defendant and deliver it to the plaintiff. Accordingly the 'sheriff took such property. lie was not required ■to return it to the defendant and so delivered it to the plaintiff. But the sheriff failed to file the notices and affidavits with his proceedings ■thereon with the clerk within twenty…