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· 8/29/1900

Harper v. Lindskog

Citations

  • 13 S.D. 524
  • 83 N.W. 581
  • 1900 S.D. LEXIS 182

Syllabus

<p>Layys 1891, C. 14, §§ 126 128, which authorize the assessment of transient stocks of goods brought into a town and exposed for sale after the annual assessment has been made, and direct the county treasurer to issue a warrant for the collection of the taxes thereon “to the constable of the town,” confer no authority on the treasurer to issue such a warrant to the sheriff, although the goods are in a city where no constable is provided for by law, and a warrant directed to the sheriff is void on its face, and renders both the treasurer issuing it and the sheriff who executes it liable for conversion.</p>

Judges: Haney

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