Canfield-Caulkins Implement Co. v. Cowden

Citations

• 70 Wash. 587
• 127 P. 216
• 1912 Wash. LEXIS 1088

Syllabus

<p>Sheriffs and Constables — Indemnity Bond — Right to Demand— Statutes — Construction. Under Rem. & Bal. Code, § 4003, providing that no sheriff shall be liable for damages for refusing to serve process unless an indemnity bond, “if he requires one,” is first tendered, the officer has the unqualified right to demand a bond in any case requiring a levy on personal property involving the taking of actual possession, and not merely in cases where the bond “is required by law,” as in Id., §§ 573 and 1888, relating to adverse claims to property levied upon.</p> <p>Same. Rem. & Bal. Code, § 4003, providing that “no sheriff, deputy sheriff, or coroner” shall be liable for damages for refusing to serve process unless an indemnity bond, if he requires one, is first tendered, applies to constables when their duties in connection with process are exactly the same as the duties of sheriffs; the terms “sheriff, deputy sheriff, or coroner” being used in a generic sense.</p>