147 Iowa 142 | Iowa | 1910
The plaintiff in this action be'came the owner of a certain stock of goods consisting of fruit, confectionery, etc., by purchase from one Albert Gramas. At the time of the sale and transfer of said stock to the plaintiff, Gramas was indebted to the Lagomarcino Grupe Company and to several other dealers in his line. After the plaintiff had been in possession of the stock so purchased for some time, the defendant Lagomarcino Grupe Company brought suit against Gramas on their own claim, and on others that had been assigned to them, and sued out a writ of attachment, which was levied on the stock in possession of the plaintiff, Constantine. Constantine served notice of his ownership of the stock on the sheriff, Evan Rowland, one of the defendants herein, and thereupon the sheriff demanded and received from Lagomarcino Grupe Company an indemnifying bond. A day or two after the indemnifying bond had been furnished, the plaintiff herein, Constantine, executed a delivery bond, and the stock was thereupon surrendered to him. The levy deprived him of possession only about three days. Thereafter Constantine intervened in the original attachment suit, claiming that he was the owner of the attached property. Trial was had on the issues joined, and it was determined in favor of Constantine, and the levy was discharged. Soon after that action had been disposed of, Constantine brought suit against the present defendants on the indemnifying bond. Still later he filed a substituted petition making the sheriff, Rowland, and the Lagomarcino Grupe Company defendants, and asking judgment against them for damages for trespass. The said defendants answered, and the ’ case weut to trial. At the close of the plaintiff’s evidence defendants moved for a directed verdict on the ground of misjoinder of causes of action and of parties. The motion was sustained as to the defendant Rowland, and the action was dis
It will be noticed that the bond provided for is to be conditioned to indemnify the officer, or claimant of the property, against the damages which he may sustain in consequence of the seizure or sale. The primary object of the statute is to compel the officer to levy on property that is pointed out to him by the attaching plaintiff, and to pro'teet him from liability for so doing. Cousins v. P & G. Co., 122 Iowa, 465; Cheadle & Zangs v. Guittar, 68 Iowa, 680. And, the officer being compelled to make a levy and to hold the property when a bond has been given, it is self-evident that he can not be made liable for exemplary damages for such acts alone. If such damages may be recovered from him at all, they must arise from some act outside of the line of his duty as 'an officer, and for such act the attaching plaintiff would not be liable unless he was in some way a party to it. 13 Cyc. 114.
Some other matters are discussed by appellants, but in our judgment they are not of sufficient importance to demand farther notice. For the errors indicated the judgment must be reversed.