Karr v. Dow

It is a sad commentary in these days to make the innocent public suffer for the wrongful act of a deputy sheriff.

The sheriff is a public officer elected by the people. Section 15-40-1, N.M.S.A.1953 (Repl. Vol. 3). In addition to being a conservator of the peace within the county, § 15-40-2, supra, he is authorized to serve summons and copy of complaint with proof thereof by certificate. Section 21-1-1(4)(e)(1), N.M.S.A.1953 (Repl. Vol. 4). To protect the public, he must give an official bond conditioned for the faithful performance of his duties. Section 5-1-13, N.M.S.A.1953 (Repl. Vol. 2,…