FEDERAL · 28 U.S.C. · Chapter 127
Appraisal of goods taken on execution
28 U.S.C. § 2005
Title28 — Judiciary and Judicial Procedure
Chapter127 — EXECUTIONS AND JUDICIAL SALES
This text of 28 U.S.C. § 2005 (Appraisal of goods taken on execution) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 2005.
Text
Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner.
The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law.
If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law.
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Related
Wallace G. Frederick v. United States
386 F.2d 481 (Fifth Circuit, 1967)
Staub v. Anderson
198 A.2d 207 (Supreme Court of Connecticut, 1964)
Fuddruckers, Inc. v. KCOB I, L.L.C.
31 F. Supp. 2d 1274 (D. Kansas, 1998)
Baxter State Bank v. Bernhardt
186 F.R.D. 621 (D. Kansas, 1999)
Source Credit
History
(June 25, 1948, ch. 646, 62 Stat. 959.)
Editorial Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §846 (R.S. §993).
Words "shall be appraised in like manner" were substituted for "the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States". The change precludes construction that the State appraisers only are available to appraise such goods in civil actions in the federal courts.
Changes were made in phraseology.
Based on title 28, U.S.C., 1940 ed., §846 (R.S. §993).
Words "shall be appraised in like manner" were substituted for "the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States". The change precludes construction that the State appraisers only are available to appraise such goods in civil actions in the federal courts.
Changes were made in phraseology.
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Bluebook (online)
28 U.S.C. § 2005, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/2005.