Ireland v. Linn County Bank

Citations

• 103 Kan. 618
• 176 P. 103
• 2 A.L.R. 184
• 1918 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution — Indemnifying Bond to Sheriff — Liability of Bondsmen— Evidence. Where a sheriff has been indemnified against all costs and damages that he may sustain by reason of levying an execution on certain personal property, and judgment is rendered against him for liabilities growing out of the levy, that judgment, in an action brought ' by the sheriff against his indemnitors, is only prima facie evdence that the sheriff has been damaged in the amount named therein, where the sheriff did not notify them of the action against him nor ask them to assist in the defense thereof. .</p> <p>2. Same — Duty'of Execution Creditor — Instructions to Sheriff. It is the duty of an execution creditor who has indemnified the sheriff, to give the sheriff instructions as to how he shall proceed, when he asks for such instructions; and when the execution creditor fails or refuses to give, such instructions, the sheriff, acting in good faith, may proceed according to his best judgment, and the indemnitor will be liable to the sheriff for the damage afterward sustained by him.</p> <p>3. Same — Sheriff May Sell Property after Return Day. A sheriff who has, under an execution, levied on personal property, which property remains in his hands on the return day unsold for want of bidders, for want of time to advertise and sell, or for any other reasonable cause, may sell that property after the return day of the execution.'</p> <p>4.. Same — Elements of Damages Recoverable by Sheriff on Indemnifying Bond. A sheriff who has been indemnified is entitled to! recover reasonable and necessary attorney’s fees for the services of an attorney in protecting the, sheriff’s interests in personal property held under the execution and in resisting actions against him growing out of levying the execution. He is also entitled to recover his mileage fees for the distances necessarily traveled by him in performing his duty under the execution, to recover the fees paid b