West Virginia ex rel. Halfpenny v. McDonald

Citations

• 197 F. 304
• 117 C.C.A. 50
• 1912 U.S. App. LEXIS 1295

Syllabus

<p>Sheriffs and Constables (§ 157*) — Levy—Liability.</p> <p>Where plaintiff obtained an attachment which was placed in the hands of a deputy sheriff who made a return reciting a levy on stacks of lumber consisting of oak, poplar, chestnut, etc., at designated places, and took all the lumber in his possession, and plaintiff did not, as he could have done, compel a corrected return, and there was nothing to show that the lumber levied on was sufficient to pay any part of plaintiff’s claim, other than was paid by lumber sold and applied, or anything to show lack of reasonable care on the part of the sheriff or those representing him, in taking care of lumber levied on, or that the cost of such car.e would not equal the' injury caused by want of care, the sheriff and the sureties on his official bond were not liable for negligence in permitting persons to remove lumber levied on.</p> <p>[Ed. Note.- — For other cases, see Sheriffs and Constables, Cent. Dig. §§ ' 354-371; Dec. Dig. § 157.*]</p>