Matheson v. F. W. Johnson Co.

Citations

• 16 S.D. 347
• 92 N.W. 1083
• 1902 S.D. LEXIS 132

Syllabus

<p>Under Comp.-Laws, §§ 5002, 5125, providing that, if property attached be claimed by any person other than the defendant, .the sheriff may summon a jury, and try the validity of such claim, and, if their verdict be in favor of the claimant, the sheriff may relinquish the levy, unless the attaching creditor gives him a sufficient indemnity, where property levied on was so claimed, and the attaching creditor voluntarily executed an undertaking of indemnity without a jury having been summoned, and the sheriff thereupon held the property, such undertaking was valid and enforceable.</p>