Wood

The appeal is by the plaintiff upon the judgment-roll. The action was brought against the sureties upon the bond of William F. Hopping, sheriff of Shasta county, to recover the value of certain horses and cattle alleged to have died while held under attachment by the said sheriff, by reason of his failure to procure the necessary feed for .them. The defendants had judgment.

Hopping was elected and served two successive terms as sheriff of Shasta county, the first term ending and the second term beginning on the fifth day of January, 1891. Two days before the end of his first term said sheriff seized said horses and cattle under a writ of attachment, issued out of the superior court of Lassen county in an action wherein one Gf. W. Stratton was plaintiff, and the plaintiff in this action was defendant, and thereafter held the same under said writ until the twenty-eighth day of August, 1891, when said writ of attachment was discharged and the property released therefrom and returned to the plaintiff. The neglect of the sheriff which caused the loss and injury complained of occurred during the second term of said sheriff, and the only question in the case is whether the sureties upon…