Conner v. Janes

The opinion of the court was delivered by

Six, J.:

This summary judgment case addresses whether a law enforcement officer serving a writ of execution, valid on its face, has a duty to verify the underlying validity of the writ before executing it. In an eviction action that stimulated this case, a landlord, Brian Janes, obtained judgment against his tenant Floreda Mae Conner. However, the district court ruled Conner was entitled to possession of the premises until July 1,1995. A writ of eviction was issued. The writ contained no notice of the July 1 possession date. Deputy Sheriff Richard…