Garren v. Butigan

McFADDEN, Justice.

The present action was commenced by plaintiff-appellant Manual Garren on December 21, 1962. Garren sought damages from defendants-respondents Sheriff Robert E. Butigan and United Pacific Insurance Co., his surety, for the loss of five machines which he had purchased at the sale of the property on execution on May 3, 1962.

After a lengthy pre-trial period which included an appeal to this court from an order dismissing plaintiff’s complaint, Garren v. Butigan, 95 Idaho 355, 509 P.2d 340 (1973), the case was tried to the district court, Bonner County, on September 27, 1973.…