Fillbach v. Production Credit Ass'n

William Fillbach, sheriff of Crawford county, and Geoffrey Banta, sheriff of Vernon county, appeal from a summary judgment dismissing their complaint against Production Credit Association and Capitol Indemnity Corporation. The issue is whether the sheriffs can recover on a bond respondents issued to Sheriff Fillbach in a replevin action. The sheriffs seek their expenses in defending an action brought by the replevin debtors challenging the constitutionality of the replevin statutes. The trial court held that because the recitals in the bond do not cover the sheriffs’ legal expenses, they…