S.F. Corrugating Co. v. Gurius

South Dakota Supreme Court

S.F. Corrugating Co. v. Gurius

259 N.W. 275, 63 S.D. 385, 1935 S.D. LEXIS 16

CourtSouth Dakota Supreme Court

DecidedMarch 6, 1935

DocketFile No. 7740.

StatusPublished

This text of 259 N.W. 275 (S.F. Corrugating Co. v. Gurius) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.F. Corrugating Co. v. Gurius, 259 N.W. 275, 63 S.D. 385, 1935 S.D. LEXIS 16 (S.D. 1935).

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Opinion

This is a proceeding to amerce a sheriff under the provisions of section 2650, R.C. 1919. The court upon a sufficient showing concluded as follows: "That the said sheriff cannot be amerced for failure to make return on an execution placed in his hands for levy where there is no property belonging to the judgment debtor in the said sheriff's county subject to levy." This conclusion is correct unless this court at this time wishes to *Page 386 depart from the rule announced in the case of Swenson v. Christoferson, 10 S.D. 188, 72 N.W. 459, 66 Am. St. Rep. 712. We appreciate that the rule announced in the above-cited case is not the rule followed by all jurisdictions. See Lee v. Dolan, 34 N.D. 449, 158 N.W. 1007. However, the rule has been established in this state since 1897 and does have some support in the authorities, and we are not inclined to depart therefrom.

The order appealed from is affirmed.

All the Judges concur.

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This is a proceeding to amerce a sheriff under the provisions of section 2650, R.C. 1919. The court upon a sufficient showing concluded as follows: "That the said sheriff cannot be amerced for failure to make return on an execution placed in his hands for levy where there is no property belonging to the judgment debtor in the said sheriff's county subject to levy." This conclusion is correct unless this court at this time wishes to *Page 386 depart from the rule announced in the case of Swenson v. Christoferson, 10 S.D. 188, 72 N.W. 459, 66 Am. St. Rep. 712. We appreciate that the rule announced in the above-cited case is not the rule followed by all jurisdictions. See Lee v. Dolan, 34 N.D. 449, 158 N.W. 1007. However, the rule has been established in this state since 1897 and does have some support in the authorities, and we are not inclined to depart therefrom.

The order appealed from is affirmed.

All the Judges concur.

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Bluebook (online)

259 N.W. 275, 63 S.D. 385, 1935 S.D. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sf-corrugating-co-v-gurius-sd-1935.

Opinion

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