No. 1397 | Wash. | Jun 19, 1894
The opinion of the court was delivered by
— On June 1, 1890, one W. F. Wright commenced an attachment suit against one Thomas Johnson in the superior court of Pierce county, and levied upon property in Mason county. Said property was claimed by one J. S. Peterson, who filed his affidavit alleging absolute ownership and title to all of said property, stating its value to be four thousand dollars, and gave his bond with sureties in twice the value alleged, as required by the statute, to the sheriff of Mason county, who approved the same, and released the property to said Peterson. By mistake on the
In our opinion, the action of the court was right. The sheriff was an officer of the law, and we know of no reason why his mistake or laches should have the effect of discharging said Peterson or his sureties from the obligation into which they had entered, and by means of which they had obtained possession of the property. It was the duty of the sheriff to have returned the affidavit and bond as required by statute, and he, could have been compelled by any one interested to have discharged his duty, and we think that, so far as the jurisdiction of the court over the subject matter is concerned, the affidavit and bond should be considered as having been on file in the proper court as of the date when it should have been returned by the sheriff.
The jury returned a verdict against the plaintiff and his sureties and in favor of said Wright and the sheriff, for a certain sum of money, and upon such verdict the court rendered a money judgment, and this action on the part of the court and jury is the other error relied upon by the appellants. The plaintiff was required by the terms of his bond to appear and establish his title to the property, and if he did not do so the jury should have so found, and should have further found the value of the property as to which he had failed to establish his claim. But, in view
Judgment affirmed.
Dunbar,, C. J., and Scott,o Anders and Stiles, JJ., concur.