Smith, Stewart Co. v. Castellow

The action is one against the sheriff and his sureties, for failing to make the money on an execution against one A. J. Harris, which had been returned “No property found.” The only error assigned is the overruling of the demurrer filed by the defendant to the complaint. The question raised by the demurrer is, whether or not the complaint was sufficient without averring that certain property, shown to have been levied on by the sheriff as the property of the execution debtor, was in fact his property, and as such subject to execution. The complaint was, in our opinion, sufficient without this…