Myers v. Landrum

The opinion of the court was delivered by

Stiles, J. —

Appellant Myers, claiming to own the property seized by the sheriff, delivered to him an affidavit and bond under Code Proc., § 461. The sheriff accepted the bond, and delivered the property to Myers. Bigelow and one Knight were the sureties on the bond. Respondent, in response to Myers’ affidavit, filed an answer and counterclaim, and Bigelow a so-called intervention. The answer was uncalled for, as we have decided in Chapin v. Bokee, ante, p. 1. The counterclaim stated no cause of action, as the statute provides for a judgment against the…