Northern Drug Co. v. Kunkel
North Dakota Supreme Court
Proceeding to amerce a sheriff. Appeal from the District Court of Benson County, Honorable O. W. Buttz, Judge. Judgment for defendant. Plaintiff appeals.
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Proceeding to amerce a sheriff. Appeal from the District Court of Benson County, Honorable O. W. Buttz, Judge. Judgment for defendant. Plaintiff appeals. Where the sheriff of a county shall refuse or neglect to execute any writ of execution to him directed, which has come into his hands, or to-sell any personal or real property, or to return the writ timely, or on demand refuses to pay over to the proper person moneys collected, or fails on demand to do any act required on him in the execution of any such writ, he shall, on motion in court and on two days’ notice, be amerced in the amount of…
1Opinion of the Court
Bruce, Ch. J.
This is a proceeding to amerce a sheriff under the-provisions of § 7770, Compiled Laws of 1913. The only remissness in duty in any way apparent or urged by counsel for appellant is that the defendant officer failed to return the execution “on or before the return day.” The affidavits, however, show that the sheriff attempted by phone to demand, and actually mailed a letter demanding, his fees in advance, as he was entitled to do under the provisions of § 3548, Compiled Laws of 1913; and that such payment was not made. Even though the receipt of the letter was denied, its mailing…
2Cited by1 opinion
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