Magnus v. Woolery

Citations

• 14 Wash. 43
• 44 P. 130
• 1896 Wash. LEXIS 302

Syllabus

<p>ACTION ON RE-DELIVERY BOND — LIABILITY OF SHERIFF — MEASURE OF DAMAGES.</p> <p>The fact that the obligee in a re-delivery bond elects to sue thereon in the first instance will not preclude a subsequent action by him against the sheriff for damages, when it developes that the bond which the sheriff had taken and turned over to him was not in fact a genuine one.</p> <p>Under Code Proc., §260, providing that unless the sureties in a re-delivery bond justify or their justification is waived by the plaintiff, the sheriff shall be responsible for them, it is not necessary in an action against the sheriff for failure to take a good bond, to plead and prove the value of the property released by him, but he is liable for the value of the property as determined in the prior proceeding in which the bond had been given. (Dunbar, J., dissents).</p>