Smokey v. Peters-Calhoun Co.

Citations

• 66 Miss. 471

Syllabus

<p>1. Sheriff. Custody of attached property. Liability of bond therefor.</p> <p>A sheriff and the sureties on his official bond are liable to the party injured by the failure of such sheriff to safely care for property seized under attachment.</p> <p>2. Same. Indemnifying bond. No protection against negligent custody of officer.</p> <p>The sureties upon an indemnifying bond are not liable for damages resulting from the negligent failure of the sheriff to safely keep such property after its seizure.</p> <p>3. Indemnifying Bond, What damages covered thereby.</p> <p>The sureties on such bond are liable only for the damages resulting from the lawful discharge of the sheriff’s duty in seizing the property and appropriating it according to the writ, and they are not liable for any loss or injury caused by the negligenee or misconduct of the officer in dealing with the property after seizing it.</p> <p>4. Attachment. Levy. Duty of claimant to identify his goods.</p> <p>If a third person, whose goods are intermixed with the defendant’s goods, which are seized in attachment, interposes a claim to all the stock without pointing out his portion and demanding it, and fails to do so until the trial of the claimant’s issue, he cannot recover damages because of their seizure and detention by the sheriff.</p> <p>5. Indemnifying Bond. Defenses mailable to sureties.</p> <p>Any defense available by a sheriff in reference to matters covered by an indemnifying bond can be availed of by the sureties on such bond.</p>