Section 15-13-2. Liability of sheriffs to damage action or contempt attachment

   Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by:

   (1) Making a false return;

   (2) Neglecting to arrest a defendant;

   (3) Neglecting to levy on the property of the defendant;

   (4) Neglecting to pay over to the plaintiff or his attorney any moneys collected by the sheriff by virtue of any fi. fa. or other legal process; or

   (5) Neglecting to make a proper return of any writ, execution, or other process put into the hands of the sheriff.

Laws 1799, Cobb's 1851 Digest, p. 576; Code 1863, § 3853; Code 1868, § 3873; Code 1873, § 3949; Code 1882, § 3949; Civil Code 1895, § 4770; Civil Code 1910, § 5342; Code 1933, § 24-202.