Ah Kle v. Gregory

Citations

• 3 Idaho 674
• 34 P. 812
• 3 Hasb. 674
• 1893 Ida. LEXIS 28

Syllabus

<p>Mines and Mining — Writ of Restitution — Indemnity Demanded by Officer. — This court, at a prior term, decided the appellants entitled to the possession of certain mining claims, and ordered that they be put into the possession of them. The court below thereon issued a writ of restitution. The sheriff made return to the writ, “that he found parties in possession of the premises that were not parties to the suit, and who were claiming the premises by location under the laws of the United States.” The sheriff was cited to. show cause why he did not execute the writ of restitution, to which he made answer that the plaintiffs refused to indemnify him, he having made demand therefor. Meld, that the sheriff was not entitled to indemnity.</p> <p>(Syllabus by the court.)</p>