Hatfield Ex Rel. Rose v. Cruise

Riley, Judge:

McGinnis Hatfield, sheriff of McDowell County, West Virginia, who sues at the relation of Larry Rose, instituted this action against L. K. Cruise, deputy sheriff of said county, and United States Fidelity & Guaranty Company, surety on his official bond, to recover the statutory penalty provided by Code, 38-8-8, for alleged improper detention by the deputy of personal property under a lien of execution after plaintiff had claimed the statutory exemption and demanded a release from the lien. To a judgment in defendant’s favor, based upon an agreed statement of facts, this writ of…