Williamson Mill & Lumber Co. v. Valentine

Davis, J.:

The action is to recover from defendant for making a false return to an execution issued to him as sheriff of Wayne county, and for *254negligently failing to sell and apply on judgments property on which he had levied. The Code of Civil Procedure governed the duties and relations of the parties at the time the acts occurred and when this action was brought.

It appears that the plaintiff had obtained three judgments aggregating, with interest computed to date of trial, $1,016.56 in the Municipal Court of the city of Rochester in the months of March and May, 1918, against William J. Edell…