Stein, Sheriff v. Scanlan
Supreme Court of Oklahoma
Error from Creek County Court; Josiah G. Davis, Judge. Action by Dennis F. Scanlan to amerce Harry G. Stein, as sheriff, for failure to serve and return an execution. Judgment for plaintiff, and defendant brings error.
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Error from Creek County Court; Josiah G. Davis, Judge. Action by Dennis F. Scanlan to amerce Harry G. Stein, as sheriff, for failure to serve and return an execution. Judgment for plaintiff, and defendant brings error. On May 11, 1909, Dennis F. Scanlan recovered a judgment in the county court of Creek county against Henry Jackson and R. E. Broyles in the sum of $242.67. On July 6, 1909, the judgment creditor sold, by unconditional assignment duly sworn to, and entered on the record in said county court, all his right, title, and interest in and to said judgment. Thereafter, on August 10,…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). An amercement is a money penalty in the nature of a fine imposed upon an officer for some misconduct or neglect of duty. It is a statutory proceeding, and, like all other penal statutes, must be strictly construed. The right to demand a judgment of amercement is based upon no equitable grounds, and in its enforcement courts are bound to hold the party claiming it to a strict observance of the requirements of the statute. In Duncan v. Drakely, 10 Ohio, 46, it is said:
“In proceeding under the statute authorizing the amercement of an…
2Cases cited3 opinions
- Cutler v. WadsworthSupreme Court of Connecticut · 1828
- Guild v. McDanielsSupreme Court of Kansas · 1890
- Bittman, Taylor & Co. v. MizeSupreme Court of Kansas · 1891
3Cited by8 opinions
- Sherman v. Upton, Inc.South Dakota Supreme Court · 1976
- Choctaw & Chickasaw Missionary Baptist Ass'n v. MatthewsSupreme Court of Oklahoma · 1956
- Riddle v. BishopSupreme Court of Oklahoma · 1938
- Ridpath v. LancasterSupreme Court of Oklahoma · 1930
- Redwine v. AlexanderSupreme Court of Oklahoma · 1951
3 more not listed; retrieve them via the Exa API.