Fury v. White

Citations

• 2 Idaho 662
• 23 P. 535
• 1890 Ida. LEXIS 9

Syllabus

<p>Sheriff. — Where a sheriff levies on personal property under attachment, and while holding under such levy received a second attachment and levies on, the same property under the second attachment, and afterward, but before sale on either, a third person claiming the property, the second attaching creditor indemnifies the sheriff against loss under the second attachment, and the sheriff sells under execution in the first attachment suit and pays all proceeds to the first attaching creditor, the claimant of the property having recovered of the sheriff the value of the property sold, held, (1) that the sheriff cannot recover i on the indemnifying bond of the second attaching creditor; (2) the complaint not claiming nor the proof showing that after the levy the sheriff did any act under the second attachment, the attaching creditor is not liable; (3) in such case when the plaintiff has rested it is not error for the court to instruct the jury to find for the defendant; (4) in such case, also, the effect of an indemnifying bond must be determined by its own conditions.</p> <p>(Syllabus by the court.)</p>