Sioux Falls Corrugating Co. v. Gurius

This is a proceeding to- amerce a sheriff under the provisions of section 2650, R. C. 1919. The court upon a sufficient showing concluded as follows: “That the said sheriff cannot be amerced for failure to make return on an execution placed in his hands for levy where there is no property belonging to the judgment debtor in the said sheriff’s -county subject to levy.” This conclusion is correct unless this court at this time wishes to *386depart from the rule announced in the case of Swenson v. Christoferson, 10 S. D. 188, 72 N. W. 459, 66 Am. St. Rep. 712. We appreciate that the rule announced…