Every sheriff going out of office at the expiration of the sheriff's term and having any order of fieri facias or fee bill that the sheriff has levied but not collected shall collect such execution or fee bill in the same manner as if the sheriff's term of office had not expired.
Source: G.L. § 499. G.S. § 603. R.S. 08: § 1286. C.L. § 8761. CSA: C. 45, § 108. CRS 53: § 35-5-17. C.R.S. 1963: § 35-5-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 19, effective August 11.
ANNOTATION
Which surety liable. Where money came into the hands of a sheriff by sale of perishable property under a writ of attachment and, pending the litigation in the attachment suit but after the sale of the property, the sheriff's term of office expired and he was reelected and gave a new official bond and when the attachment suit was ended the sheriff defaulted in the payment of the attachment fund, the sureties on his official bond at the time of the execution of the writ and sale of the property were liable for his default. People ex rel. Schayer v. Kendall, 14 Colo. App. 175, 59 P. 409 (1899).
Running of statute of limitations. Where a sheriff converted to his own use of money received from the sale of property under a writ of attachment, the statute of limitations would not begin to run against an action by the attachment plaintiff on the official bond of the sheriff to recover the money converted until final judgment was entered in the attachment suit in favor of plaintiff, both as to the attachment defendant and an intervener claiming the property. People ex rel. Tritch v. Cramer, 15 Colo. 155, 25 P. 302 (1890); People ex rel. Schayer v. Kendall, 14 Colo. App. 175, 59 P. 409 (1899); Rose v. Dunklee, 12 Colo. App. 403, 56 P. 342 (1899).