Carson v. Fuller

Citations

• 11 S.D. 502
• 78 N.W. 960
• 1899 S.D. LEXIS 28

Syllabus

<p>1. As against the owner seeking to recover his property in replevin, the sheriff cannot justify its seizure under an execution on a judgment transcripted from another county; if the execution was delivered to the sheriff before the judgment was docketed in the county in which the transcript was taken.</p> <p>2. Under Comp. Laws, § 4999, providing that an officer serving an attachment shall make a return within 20 days, the sheriff cannot, as against the owner seeking to recover his property in replevin, justify its seizure under an attachment on which a return was not made within 20 days.</p>