Egery & Hinckley v. Buchanan

Citations

• 5 Cal. 53

Syllabus

<p>A Sheriff’s return, is not traversable, and a Court will not permit it to be attacked collaterally, even if the officer is shown to have been guilty of fraud and collusion.</p> <p>Where a Sheriff fails to pay over money collected on execution, the action should be for a false return.</p> <p>The statute penalties against Sheriffs, for the non-payment of moneys collected on execution, are only recoverable when the Sheriff, by his return, admits the collection of the money, but refuses to pay it over.</p> <p>The law presumes that every officer will faithfully perform his duties, until the contrary is shown.</p>