Wittern v. American Surety Co.

1. The “burden,” if there be any, to show a mitigation in damages, or that the plaintiff was not injured, by a failure of a levying officer to properly execute a legal process, may rest upon the defendant in a suit upon the official bond of a levying officer to recover damages in case of the officer’s failure to properly execute a final process, is the burden merely of rebutting a presumption, or an inference of fact, that the plaintiff' is damaged upon proof, without more, that the levying officer failed to properly execute the process; and where evidence in rebuttal of this presumption, or…