Clark v. National Surety Co.

There is no dispute in the material facts in this case. The plaintiff, as sheriff of Wheatland county,“pursuant to writs of attachment issued in an action entitled Irvin & Beard Co. v. Edward A. Swanz, levied upon and took into Ms possession certain personal property of the defendant therein, consisting of instruments used by him in the practice of optometry. Asserting that said property was exempt from levy under attachment, Swanz commenced an action in claim and delivery against the sheriff, plaintiff herein, to recover possession thereof, and in connection therewith executed an…