Swenson v. Christoferson
South Dakota Supreme Court
Appeal from, circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Motion by C. S. Swenson to amerce T. W. Smelker, as sheriff of Lincoln county, for failure to sell personal property under an execution against C. Christoferson and another, and for nonreturn of the execution within the time required by law. From an order denying the motion, said Swenson appeals. The facts are stated in the opinion.
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Appeal from, circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Motion by C. S. Swenson to amerce T. W. Smelker, as sheriff of Lincoln county, for failure to sell personal property under an execution against C. Christoferson and another, and for nonreturn of the execution within the time required by law. From an order denying the motion, said Swenson appeals. The facts are stated in the opinion. The delivery to the officer of a paper purporting to be a copy of a schedule, is not a compliance with the statute providing for exemptions. Comp. Laws, § 5130; McNaught v. Railroad, 30 la.…
1Opinion of the CourtHaney, J.
This proceeding was instituted for the purpose of amercing the sheriff for failing to sell personal property under an execution, and failing to return an execution within the time required by law. On July 24, 1895, an execution on a judgment duly entered and docketed in Minnehaha county, and also docketed in Lincoln county, was issued to the *190sheriff of the latter county, who levied upon certain personal property belonging to the judgment debtor in such county. Within the time prescribed by the statute, the debtor made a schedule of all his personal property, subscribed and sworn to by…
2Cases cited1 opinion
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