Heidenheimer Bros. & Jones v. Johnston

Opinion by

White, J.

§ 645. The right of a deputy sheriff to sue in his own name on a verbal promise to indemnify him for levying execution. This was a suit brought by and to recover damages on a verbal promise to indemnify a deputy sheriff for making a levy and sale under execution. After seizure and sale the rightful owner of the property sued and recovered judgment against the sheriff, the principal of the deputy who made the levy. There are no allegations or proofs that the deputy who here sues has ever *348repaid to his principal the amount of the judgment recovered by the owner of the…