Board v. Helm

JUDGE DUVALL

delivered the opinion of the court:

By the Civil Code, (sec. 709,) if an officer who levies an execution upon personal property doubts whether it is subject to the execution, he may notify the plaintiff that an indemnifying bond is required, and thereupon such bond maybe given by or for the plaintiff; and when given, the officer shall proceed to subject the property to the execution. But if the required bond is not given, the officer may refuse to levy the execution, or, if it has been levied, and the bond is not gNen in a reasonable time after it is required by the officer, he may…