Title 15 — CIVIL PROCEDURE
48 chapters · 792 sections in this title.
SDCL § 15-21-1 Grounds for amercement of officer directed to execute writ--Amount of amercement
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If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to 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; or, on demand to pay…
SDCL § 15-21-2 Amercement of clerk for failure to pay over money received
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If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent, or attorney of record, to pay over all money by him received in his official capacity for the use of such person, every such clerk may be amerced; and the proceedings against…
SDCL § 15-21-3 Notice of amercement given to officer of county other than that from which execution issued
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In all cases of a motion to amerce a sheriff or other officer of any county, other than the one from which the execution issued, notice in writing shall be given to such officer as required in § 15-21-1 by leaving it with him or at his office at least fifteen days before the hear…
SDCL § 15-21-4 Amount of amercement on refusal to pay over money collected
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When the cause of amercement is for refusing to pay over money collected as provided in § 15-21-1 or 15-21-2 the sheriff or other officer shall not be amerced in a greater sum than the amount so withheld with ten percent thereon. Source: SDC 1939 & Supp 1960, § 33.2503.
SDCL § 15-21-5 Entry of amercements on court record--Effect as judgment
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All amercements procured under this chapter shall be entered on the record of the court, and shall have the same force and effect as a judgment. Source: SDC 1939 & Supp 1960, § 33.2504.
SDCL § 15-21-6 Action joining officer's surety as party to judgment--Officer's property applied first
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Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be lia…
SDCL § 15-21-7 Amercement alternative to other remedies
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Nothing contained in this chapter shall prevent either party from proceeding against such sheriff or other officer by attachment or other proceeding at his election. Source: SDC 1939 & Supp 1960, § 33.2505.
SDCL § 15-21-8 Subrogation of officer after amercement
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In cases where a sheriff or other officer may be amerced and shall not have collected the amount of the original judgment he must be permitted to take out execution and collect the amount of such judgment in the name of the original plaintiff for his own use. Source: SDC 1939 & S…