Glascock

1. The plaintiff cannot maintain an action upon the causes growing out of Ashman’s neglect to return any of the executions other than the one issued in his own case. Torts are not assignable. ( Oliver v. Walsh, 6 Cal. 456 ; Thorn v. Alta Tel.. Co. 15 Cal. 472 .)

2. The Court below erred in excluding testimony that the plaintiff had been paid the amount of the three judgments by Owen. The answer contains the plea that the plaintiff is not the real party in interest. Owen was the accommodation maker of the notes upon which the judgments are based; and if it could have been shown, as defendant sought to show, that plaintiff had been so paid, then Owen and not plaintiff would have been the real party in interest, and he alone could sue, because every action must be brought by the real party in interest.

3. The sureties of the Sheriff are not liable for the penalty. ' The legal effect of a Sheriff’s bond is manifestly only this, that the sureties will pay any damages actually done by the Sheriff’s fault, and sureties have a right to stand upon the precise terms of their contract. (People v. Buster, 11 Cal. 205 ; People v. Breyfogle, 7 Cal. 504 ; Schloss v. White, 16 Cal. 65 .

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