Action against Sheriff—Replevin of Property Taken under Execution— Damages for Detention—Parties—Sureties on Official Bond—The sureties upon the official bond of a sheriff are properly joined as parties defendant in an action against the sheriff for the recovery of personal property wrongfully taken under execution by him in his official capacity, and of damages for its wrongful detention.

Id.—Waives of Objection.—An objection that the sureties upon the official bond of a sheriff are improperly joined with the sheriff in an action against him, is waived by a failure to demur to the complaint upon that ground.

Id.—Cause of Action against Sureties—Damages.—A complaint against a sheriff and his sureties which alleges that the sheriff as principal and the other defendants as sureties made and delivered his official bond as sheriff, by which the defendants became jointly and severally bound for the faithful performance by the sheriff of his official duties, and then proceeds to state the alleged wrongful act of the sheriff in his official capacity for which damages are sought, is sufficient to show a liability upon the part of the sureties.

Id.—Liability of Sureties.—The sureties on the bond of the sheriff, by the terms of the bond, became, liable to respond in damages in a sum not exceeding the amount specified therein for any wrongful act or default of their principal in his official capacity.

Id. — Evidence—Offer of Sheriff to Return Part of Property. — In an action against a sheriff and the sureties upon his official bond to recover property seized under execution, with damages for its detention, letters of the sheriff offering to return part of the property sued for are properly excluded.

Id.—Effect of Stay Bond upon Appeal—Duty of Sheriff to Release Property Seized under Execution—Justification of Sureties.—Under section 946 of the Code of Civil Procedure, which provides that the effect of the perfecting of an appeal and the giving of an undertaking to stay the execution of the judgment or order appealed from is not only “ to stay all further proceedings in the court below upon the judgment or order,” but also to “release from levy property levied upon under execution issued upon such judgment,” it is the duty of the sheriff to release from levy all property taken under execution upon notice of the filing of the notice of appeal and the giving of the bond to stay execution, regardless of any question as to the sufficiency or insufficiency of the sureties, and he cannot retain possession until the sureties have justified, or until their justification has been waived.

Id.—Retaining Pbokebty fob Eees and Disbuesements—Unlawful Detention aeteb Stay Bond — Kbepebs' Fees—Demand bob Fees — Oeeeb to Betubn Released Pbopebty.—A sheriff who levies upon personal property and who incurs expense for keepers’ fees while unlawfully retaining it in his possession, is not entitled to hold the property so levied upon as security for such keepers’ fees, and he cannot justify his retention of property, the levy upon which is released by a stay bond, because of the non-payment of his fees and disbursements incurred prior to the release, unless he has demanded the payment of such fees and disbursements, and offered to return the property upon payment of the amount of fees for which he claimed the right to retain the property.