Fleig v. Gorman

Ehclich, Ch. J.

The provisions of section 1421 of the Code, authorizing the substitution of indemnitors in place of the sheriff, were evidently intended for the protection of that official, and to enable him to let himself out of a litigation concerning which he had no personal interest, and in reference to which he had merely performed an official duty according to the requirement of the law. The court below, in furtherance of the legislative intent, granted the application upon terms *195which seemed to it just. The judicial discretion was not abused, and there is nothing in the record which…