Glascock

The vital question in the case is as to the measure of damages. The Court below properly gave us the statutory penalty for the failure of Ashman to make his return. (Political Code, sec. 4179.)

But the Court should have gone further, and given us judgment for an amount equal to the sum total of all the writs (in addition to the statutory penalty) as damages for a failure to return the writs. In an action against a Sheriff for neglecting to return an execution prima facie, the measure of damages is the amount required to be raised by the execution. It is not necessary for plaintiff to allege or prove special damages. (Lcdyard v. Jones, 3 Seld. 550; Patterson v. Westervelt, 17 Wend. 543 ; Bank of Pome v. Curtis, 1 Hill, 275 ; Pardee v. Pohertson, 6 Hill, 550 ; Weld v. Bartlett, 10 Mass. 474 ; Kellogg v. Monroe, 9 Johns, 300; Bwezey v. Lott, 21 N. Y. 481 ; Taylor v. Hancock, 19 La. An. 466; Bowman v. Cornell, 39 Barb. 69 ; People v. Lott, 21 Barb. 130 ; Shearman & Redfield on Negligence, sec. 533; Freeman on Executions, sec. 368.)

Bayle & McHlvaney, for the Respondents.

In the complaint the plaintiff alleges that he has sustained actual damages (in addition to the statutory…