Breuer v. Elder
Supreme Court of Minnesota
The plaintiffs duly recovered and docketed in Chisago county a-judgment in this action for the sum'of $485.61. Afterwards the judgment was docketed in Clay county, and on December 4, 1883, an execution issued thereon was delivered by plaintiffs’ attorneys to C. P. Sloggy, the sheriff of Clay county, who was directed to levy forthwith upon property of the defendants. On February 4, 1884, Sloggy returned the execution wholly unsatisfied.
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The plaintiffs duly recovered and docketed in Chisago county a-judgment in this action for the sum'of $485.61. Afterwards the judgment was docketed in Clay county, and on December 4, 1883, an execution issued thereon was delivered by plaintiffs’ attorneys to C. P. Sloggy, the sheriff of Clay county, who was directed to levy forthwith upon property of the defendants. On February 4, 1884, Sloggy returned the execution wholly unsatisfied. Upon the affidavit of one of the attorneys of the plaintiffs, setting out these facts, and also stating that at the time the execution was' delivered to…
1Opinion of the CourtBerry, J.
“If any sheriff fails to settle with and pay- over to the person entitled thereto any money he may have collected or received *149by virtue of any execution, * * * such person may proceed against the sheriff in a summary manner before the district court, by an order upon the sheriff to show cause why he should not pay over such money, and upon the hearing thereof the court shall order such sheriff to pay to the person entitled thereto the amount found due, with twenty per centum thereon as damages for such failure, and may commit such sheriff to the common jail until the order is complied with. *…
2Cases cited7 opinions
- State v. TiptonIndiana Supreme Court · 1822
- Griswold v. ChandlerTexas Supreme Court · 1859
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Bond v. WeberSupreme Court of Kansas · 1877
- Smith v. MartinSupreme Court of Kansas · 1878
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3Cited by5 opinions
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Cahill v. Beltrami CountySupreme Court of Minnesota · 1947
- Zillgitt v. GOODHUE COUNTY BOARD OF COMMISSIONERSSupreme Court of Minnesota · 1972
- Foster v. WagenerSupreme Court of Minnesota · 1915
- J. H. Allen & Co. v. ChristensenSupreme Court of Minnesota · 1910