Albert Solberg & Co. v. Rettinger
North Dakota Supreme Court
Proceeding to amerce a sheriff under the provisions of § 7770, Compiled Laws of 1913. Appeal from the District Court of Fierce County, Honorable A. O. Burr, Judge. Judgment for plaintiffs.
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Proceeding to amerce a sheriff under the provisions of § 7770, Compiled Laws of 1913. Appeal from the District Court of Fierce County, Honorable A. O. Burr, Judge. Judgment for plaintiffs. Defendant appeals. :Where an execution is in all things regular, it is the duty of the sheriff to prosecute an action .for the collection of choses in action, levied upon .by him under the execution, and he may retain the execution,; .pending all necessary-proceedings, and is not liable- to amercement. Comp. Laws 1913, § 7723. Where a sheriff, with execution in his hands, is following the-directions and…
1Opinion of the Court
Bruce, Ch. J.
This is a proceeding for the amercement of a sheriff. It is brought under the provisions of § 7770, Compiled Laws 1913, which provides that: “If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands, or to sell any personal or real property, or to return any writ of execution to the proper court on or before the return day, or on demand to pay over to the plaintiff, his agent or attorney of record all moneys by him collected or received for the use of said party at any time after collecting or receiving…
2Cases cited2 opinions
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Swenson v. ChristofersonSouth Dakota Supreme Court · 1897
3Cited by4 opinions
- McLaughlin v. Dodge Elevator Co.North Dakota Supreme Court · 1919
- Farmers State Bank v. CrandellNorth Dakota Supreme Court · 1931
- Glynn v. WannerNorth Dakota Supreme Court · 1932
- Wilhelm v. BangNorth Dakota Supreme Court · 1921