Lee v. Dolan
North Dakota Supreme Court
'Appeal from the District Court of Mountrail County, Franlc E. Fislc, Judge. Judgment for plaintiff. Defendant appeals. Action in amercement under § 7770, Compiled Laws of. 1913. The Amercement Statute of this state as to sheriffs and other officers failing, neglecting, or refusing to execute upon an execution placed in their hands, is not penal in its nature, and where it appears from the evidence that the plaintiff has sustained no damages by the acts or omissions of the…
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'Appeal from the District Court of Mountrail County, Franlc E. Fislc, Judge. Judgment for plaintiff. Defendant appeals. Action in amercement under § 7770, Compiled Laws of. 1913. The Amercement Statute of this state as to sheriffs and other officers failing, neglecting, or refusing to execute upon an execution placed in their hands, is not penal in its nature, and where it appears from the evidence that the plaintiff has sustained no damages by the acts or omissions of the officer, he is not entitled to recover damages. Comp. Laws 1913, § 7770; Swenson v. Christoferson, 10 S. D. 188, 66 Am.…
1Opinion
On Petition for Rehearing.
Bruce, J.
A petition for a rehearing has been filed in which our attention is called to the fact that we omitted to pass upon appellant’s objection that “there was no evidence offered, excepting the statements contained in the affidavits of Alexander and Gilmore, that any judgment supporting the execution (which was annexed to and made a part of the affidavit of the latter) was ever entered or docketed.” Counsel for appellant argues that “the amercement of an officer is a proceeding penal in its nature, and the statute authorizing it must be strictly pursued both in…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- State v. KilmerNorth Dakota Supreme Court · 1915
- Mims v. StateSupreme Court of Minnesota · 1880
- Porter v. ThomsonSupreme Court of Iowa · 1867
- Gunn v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
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