Rich and Hahn v. Graybar Elec. Co.

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

By Article 3825 of the Revised Statutes of 1925 it is provided as follows:

“Should an officer fail or refuse to levy upon or sell any property subject to execution, when the same might have been done, he and his sureties shall be liable to the party entitled to receive the money collected on such execution for the full amount of the debt, interest and costs, to be recovered on motion before the court from which said execution issued, five days previous notice thereof being given to said officer and his sureties.”

The…