Ortiz v. M & M Sales Co.

OPINION

UTTER, Justice.

This is an appeal from a judgment in which appellee M & M Sales Company recovered damages from appellants Sheriff Ortiz and his surety St. Paul Fire and Marine Insurance Company which were allegedly caused by the sheriff’s delay in issuing a writ of execution upon real property owned by the judgment debtor. The judgment debtor is not a party to this cause of action. The question presented is: Whether as a matter of law the filing of a petition in bankruptcy by the judgment debtor two days after notice by the judgment creditor to the Sheriff of the real property to be…