Bostwick v. Benedict
South Dakota Supreme Court
Appeal from circuit' court, Grant county. Hon. J. O. Andrews, Judge. Action against the sheriff of Grant county for non-payment of moneys alleged to have been collected by him on execution. From an order for judgment for plaintiffs, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit' court, Grant county. Hon. J. O. Andrews, Judge. Action against the sheriff of Grant county for non-payment of moneys alleged to have been collected by him on execution. From an order for judgment for plaintiffs, defendant appeals. The facts are stated in the opinion. The filing of a transcript of judgment in the office of the clerk of the court of another county from that in which the judgment was rendered confers no authority upon the clerk of •court of such other county to issue an execution thereon. Such execution must be issued by the clerk of court of the county in…
1Opinion of the CourtKeldam, J.
This is an appeal from an order of the circuit court of Grant county amercing'appellant, as sheriff, for nonpayment of moneys alleged to have been collected by him on execution. The facts are undisputed, and are as follows: In the circuit court of Roberts county, respondents Bostwick obtained a judgment against one Knight, and caused a transcript to be filed in the office of the clerk of the circuit court for Grant county, and thereupon caused execution to be issued by the clerk of the circuit court of said Grant county to the sheriff of such county. That, prior to the issuance of said…
2Cases cited5 opinions
- Furman v. DewellSupreme Court of Iowa · 1872
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Brown v. AyresCalifornia Supreme Court · 1867
- Shattuck v. CoxIndiana Supreme Court · 1884
- Seaton & Son v. Hamilton & Co.Supreme Court of Iowa · 1860
3Cited by4 opinions
- Murray v. BriggsWashington Supreme Court · 1902
- Wyoming Central Irr. Co. v. LaPorteWyoming Supreme Court · 1920
- Garnett v. GoldmanSupreme Court of Oklahoma · 1913
- Lovelady v. BurgessOregon Supreme Court · 1898