Epley v. Hunter

Appellant, as plaintiff, brought this action to recover upon four causes of action growing out of the alleged wrongful or excessive levy of certain writs of attachment. There is no claim that the attachment writs were wrongfully issued, but all of the causes of action are based upon the things done or permitted to be done by the sheriff while acting under authority of the writs.

Trial was had to a jury, and, at the close of plaintiff’s case, a nonsuit was granted as to the defendants who were sureties on the attachment bonds.

After all of the evidence was introduced, the cause was submitted to…