Canfield-Caulkins Implement Co. v. Cowden
Washington Supreme Court
Appeal from a judgment of the superior court for What-com county, Hardin, J., entered December 13, 1911, dismissing an action for a writ of mandamus, upon sustaining a demurrer to the application.
1ConcurrenceChadwick, J.
(concurring) — I am satisfied with the result of the decision of the majority, but I would prefer to rest the decision upon the broader ground that an officer may demand indemnity before making a levy, without reference to the statute. There are many cases holding that an officer is bound to serve process at his peril; and if we are to follow the statutes, it seems to me that the necessary implication of § 1888 of the code is that a constable cannot demand indemnity until a claim has been made by a third party.
*591Section 4003, which has been extended by construction, is a part of the Law of…
2Cases cited3 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Marshall v. HosmerMassachusetts Supreme Judicial Court · 1808
- Standley v. MarshWashington Supreme Court · 1889