Riggle

Plaintiff sued for damages for the alleged wrongful attachments of personal property used by him in drilling an oil-well. The defendants are the sheriff, his bondsman, and the attaching plaintiff. The cause was tried without a jury and resulted in a judgment for all defendants. The plaintiff appeals on a bill of exceptions.

Behr and White entered into a contract with plaintiff wherein the latter agreed to drill a well for oil and the former agreed to furnish plaintiff a derrick, engine and other necessary equipment to be used in the work. As a part of the agreement Behr and White undertook to pay plaintiff $250 a day as damages for each day’s delay in the drilling operations caused by them, such sum to cover the value of the use of such personal property. Suit was commenced by one Moore against Behr and White to recover the purchase price of this personal property and out of that suit issued the writs of attachment which the sheriff served upon this plaintiff and which are the bases of this action for damages. The trial court found that the several writs of attachment were duly and regularly served; that by reason of such attachments the drilling operations were delayed…