Magnus v. Woolery

*44The opinion of the court was delivered by

Scott, J.

This was an action upon a sheriff’s bond, for damages occasioned by neglect of official duties. The facts upon which the same is founded are as follows : The plaintiffs began an action in replevin and the respondent Woolery, as sheriff, took possession of the property under the writ therein issued, and subsequently returned the same to the defendant in said action upon receiving from him a re-delivery bond, but did hot require the sureties thereon to justify. The plaintiffs obtained judgment in said cause for a return of the property, or in…