10 S.D. 188 | S.D. | 1897
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
We think there was a substantial, if not strict compliance with the statute in making the claim for exemptions. (Comp. Laws § 5130); and the only question requiring attention is whether the sheriff should be amerced for failing to return the execution within the time required by law. “If any sheriff or other officer shall refuse or neglect to execute any -writ of execution to him directed, which has come into 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, * * '* such sheriff or other officer shall, on motion in court and two