Dakota National Bank v. Salzwedel

Burr, Ch. J.

A writ of execution upon a money judgment was issued by the district court, requiring the sheriff to levy upon property of the defendant. The execution was not directed against any special property. The sheriff levied upon, and took into his possession, a truck belonging to the defendant.

The defendant moved the district court for an order setting aside the levy. This motion was addressed to the plaintiff and to its attorney— not to the sheriff — and was based upon an affidavit of the defendant, his schedule of all the property he claimed to own, and his claim of exemptions. These…