Horace Gray

“ The question presented by the record is whether the taking by the marshal, upon a writ of attachment on mesne process aginst one person, of the goods of another, is a breach of the condition of his official bond, for which his sureties are liable. The marshal, in serving a writ of attachment on mesne process, which directs him to take the property of a particular person, acts officially. His official duty is to take the property of that person, and of that person only, and to take only such property of his as is subject to be attached, and not property exempt by law from attachment. ”

“ Why should the law be different if, under color of the same process, he take the goods of a third person? If the exemption of the goods from the execution in the one case makes their seizure official misconduct, why should it not have the like effect in the other? ”

“ True, it may sometimes be more difficult to ascertain the ownership of the goods than to know whether a particular piece of property is exempt from execution, but this is not always the case, and if it were, it would not justify us in restricting to litigants the indemnity afforded by the official bond, thus leaving the rest of the community with no other indemnity against official misconduct than the responsibility of the officer might furnish.' 4 Ohio St. ”