Nash v. Muldoon
Nevada Supreme Court
Refusal oí' Sheriff to Pat Monet — Section -1.Q„of “Act Relating to Sheriffs” (Stat. 1861, 104) Constrííed — Penalties.—The penalties imposed by section 10 of the “ act relating to sheriffs” was intended as a punishment for intentional wrongdoing„-aAd-.are .not to be enforced in cases of mistakes, or errors of judgment, made bjr the officer in. good faith. and his Sureties. — The sheriff and his sureties aré liable for all moneys received, by- him in his official capacity,…
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Refusal oí' Sheriff to Pat Monet — Section -1.Q„of “Act Relating to Sheriffs” (Stat. 1861, 104) Constrííed — Penalties.—The penalties imposed by section 10 of the “ act relating to sheriffs” was intended as a punishment for intentional wrongdoing„-aAd-.are .not to be enforced in cases of mistakes, or errors of judgment, made bjr the officer in. good faith. and his Sureties. — The sheriff and his sureties aré liable for all moneys received, by- him in his official capacity, .. which he neglects or refuses to pay over-^ on demand, and for the penal-' alties imposed by the statute when he does…
1Opinion of the Court
By the Court,
Belknap, J.
The plaintiffs, having severally obtained judgments against the defendant, thereafter moved in the court below to recover from the sheriff and his sureties the moneys collected under executions issued upon said judgments, together with the penalties imposed by the law for delinquency in such cases. The statute upon the subject reads as follows: “If a sheriff shall neglect or refuse to pay over on, demand to the person entitled, any money which may come into his hands -by virtue of his office, after deducting his legal fees, the amount thereof, with twenty-five per…
2Cases cited5 opinions
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