Guernsey v. Tuthill

Citations

• 12 S.D. 584
• 82 N.W. 190
• 1900 S.D. LEXIS 85

Syllabus

<p>1. An action on a sheriif’s bond may be brought in the name of the real party in interst, in his individual capacity.</p> <p>2. It was not error, on the ground of proving the contents of a written instrument by parol testimony, to permit a deputy sheriff to answer the question whether he had a writ of some kind or other when he seized certain property.</p> <p>3. Where deputy sheriffs had seized property in a claim and delivery action, and the clerk of the court testified that there were no papers an lile in the action, copies of the papers served on defendant were admissible, and were prima facie proof of tiie existence of the originals, and that the officers were acting thereunder when they made the seizure.</p> <p>4. The judge of a circuit court has power to administer oaths, though such power is not vested in him by statute.</p> <p>5. The fact that the appointment of a deputy sheriff was signed by the sheriff as an individual, and not as sheriff, did not invalidate the appointment, where it was otherwise in due form, and was filed with the county auditor.</p> <p>6. Where a sheriff failed to comply with Comp. Laws, § 4983, requiring the return in claim and delivery to he made within 20 days after seizure of the property, it was not neccessary for plaintiff in an action to recover property wrongfully seized to allege or prove that he had served on the sheriff the affidavit and notice of his claim required by Comp. Laws, S 4982.</p> <p>7. Where a complaint against a sheriff's sureties for the wrongful seizure of property would have been sufficient as to the sheriff, as regards demand and notice, it was sufficient as to his sureties.</p>