Lee v. Dolan
North Dakota Supreme Court
'Appeal from the District Court of Mountrail County, Franlc E. Fislc, Judge. Judgment for plaintiff. Defendant appeals. Action in amercement under § 7770, Compiled Laws of. 1913. The Amercement Statute of this state as to sheriffs and other officers failing, neglecting, or refusing to execute upon an execution placed in their hands, is not penal in its nature, and where it appears from the evidence that the plaintiff has sustained no damages by the acts or omissions of the…
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'Appeal from the District Court of Mountrail County, Franlc E. Fislc, Judge. Judgment for plaintiff. Defendant appeals. Action in amercement under § 7770, Compiled Laws of. 1913. The Amercement Statute of this state as to sheriffs and other officers failing, neglecting, or refusing to execute upon an execution placed in their hands, is not penal in its nature, and where it appears from the evidence that the plaintiff has sustained no damages by the acts or omissions of the officer, he is not entitled to recover damages. Comp. Laws 1913, § 7770; Swenson v. Christoferson, 10 S. D. 188, 66 Am.…
1Opinion of the CourtBruce, J.
This is a proceeding under the provisions of § 7770, Compiled Laws of 1913, relating to the amercement of sheriffs. In the district court, findings of fact were made to the effect that on the 28th day of May, 1914, a judgment for $975.01 in favor of the plaintiff, Martin T. Lee, and against John J. Brugman, was duly rendered and docketed in the district court of the county of Mountrail; that on January 22d, 1914, an execution was duly issued upon said judgment and delivered to the present defendant, James Dolan, as sheriff of said county, with instructions to levy and return the same within…
2Cases cited26 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Smith v. PerryTexas Supreme Court · 1857
- Bond v. WeberSupreme Court of Kansas · 1877
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3Cited by11 opinions
- Sherman v. Upton, Inc.South Dakota Supreme Court · 1976
- Ditsch v. FinnWisconsin Supreme Court · 1934
- Albert Solberg & Co. v. RettingerNorth Dakota Supreme Court · 1918
- Farmers Nat. Bank v. WrightNorth Dakota Supreme Court · 1926
- Sioux Falls Corrugating Co. v. GuriusSouth Dakota Supreme Court · 1935
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