Legal Opinion
Sherman v. Upton, Inc.
South Dakota Supreme Court
Decided May 21, 1976No. File 11707PublishedCited by 8 opinions
1Opinion of the Court
WINANS, Justice.
This is an action to amerce the Day County Sheriff and his deputy for failure to levy against property after receipt of a writ of execution delivered to the deputy. The trial court found in favor of the defendants and we affirm.
An amercement is a money penalty in the nature of a fine imposed upon an officer for some misconduct or neglect of duty. It is a statutory proceeding and must be strictly construed. Stein v. Scanlan, 1912, 34 Okl. 801, 127 p. 483. The case law in all the jurisdictions which we have examined is sparse and here in our own state we find relatively little…
2Cases cited9 opinions
- Plemens v. Diddeglaser, Inc.Court of Appeals of Maryland · 1966
- W.T. Rawleigh Co., Inc. v. HesterMississippi Supreme Court · 1941
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Swenson v. ChristofersonSouth Dakota Supreme Court · 1897
- Stein, Sheriff v. ScanlanSupreme Court of Oklahoma · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- John Deere Co. v. First Interstate Bank of Arizona, N.A.Court of Appeals of Arizona · 1985
- Pokela v. Red Owl Stores, Inc. (In Re Dakota Country Store Foods, Inc.)United States Bankruptcy Court, D. South Dakota · 1989
- C & J Leasing Corp. v. Waldschmidt (In Re Goolsby)District Court, M.D. Tennessee · 2002
- In Re Garrett O. Driscoll & Associates, Inc.United States Bankruptcy Court, D. Massachusetts · 1993
- In re National Discount Music, Inc.United States Bankruptcy Court, M.D. Florida · 1989
3 more not listed; retrieve them via the Exa API.